THE  CODE  OF  1907 


OF  THE 

CITY  OF  VICKSBURG, 
MISSISSIPPI, 

Including  the  City  Charter,  with  various  Amendments  as 
now  in  force,  all  Civil  Ordinances,  Franchises  and 
3Public  Contracts  of  such  General  Importance 
as  to  warrant  their  insertion,  together 
with  the  Criminal  Ordinance 
of  May  14th,  1907. 


PREPARED  AND  ANNOTATED  BY 

H.  C.  McCABE  and  HARRIS  DICKSON, 

Under  the  Provisions  of  Resolution  of 
lULY  17th,  1905. 


PRINTED  BY  AUTHORITY  OF  THE  MAYOR  AND  ALDERMEN. 


Mississippi  Printing  Co. 

, vicKsBuna.  mi9«. 

1907 


Digitized  by  the  Internet  Archive 
in  2016 


https://archive.org/details/codeof1907ofcity00vick 


THE  CODE  OF  1907 


OF  THE 


CITY  OF  VICKSBURG, 
MISSISSIPPI, 

Including  the  City  Charter,  with  various  Amendments  as 
now  in  force,  all  Civil  Ordinances,  Franchises  and 
Public  Contracts  of  such  General  Importance 
as  to  warrant  their  insertion,  together 
with  the  Criminal  Ordinance 
of  May  14th,  1907. 


PREPARED  AND  ANNOTATED  BY 

H.  C.  McCABE  and  FIARRIS  DICKSON, 

Under  the  Provisions  of  Resolution  of 
JULY  17th,  1905. 


PRINTED  BY  AUTHORITY  OF  THE  MAYOR  AND  ALDERMEN. 


Mississippi  Printing  Co. 

VICKSBURG,  MISS. 

1907 


-J 

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N|"  (oCa 


REMOTE  STOHtAai 


BOOASiACKa  Office 


To  the  Memory  of 

HON.  H.  C.  McCABE, 

Elected  City  Attorney  by  the  Board  of  Mayor 
and  Aldermen,  June  10th,  1905, 
resigned  July  30th,  1906. 


The  upright  citizen,  the  faithful  advocate,  the  Christian  gentleman 
who  died  May  20th,  1907,  in  the  midst  of  his  labors 
on  this  Code. 


. Vi 


r 


CITY  GOVERNMENT 


Hon.  B.  W.  Griffith,  Mayor. 

Hon.  P.  M.  Harding,  President  of  the  Board. 


Hon.  J.  B.  Cowan, 
Hon.  T.  M.  Caughlin 


I Aldermen-at-Large. 


Hon.  D.  J.  Shlenker,  \ Aldermen 
Hon.  F.  T.  Barber,  j 1st  Ward. 


Hon.  W.  H.  Miller,  ) Aldermen 
Hon.  Jerry  Cronin,  j 3d  Ward 


Hon.  P.  H.  Feld,  \ Aldermen 
Hon.  W.  j.  Hossley,  / 2d  Ward. 


Hon.  a.  j.  Garvey,  "i  Aldermen 
Hon.  P.  M.  Harding,  / 4th  Ward 


H.  j.  TROWBRIDGE,  City  Clerk. 

Geo.  Anderson,  (b)  City  Attorney. 

R.  M.  Kelly,  City  Assessor  and  Collector. 

Chas.  O’Connor,  City  License  Collector. 

Dr.  G.  Y.  Hicks,  City  Physician. 

John  Evans,  Street  Commissioner. 


HARRIS  DICKSON,  Judge  City  Court. 

Wm.  Price,  City  Marshal.  W.  J.  Fletcher,  Deputy  City  Marshal. 


POLICE  CAPTAINS  I 

Joseph  Schuler.  A.  A.  Raley. 


(a) — Elected  to  fill  vacancy  caused  by  death  of  Hon.  W.  O.  Worrell. 

(b) — Elected  to  fill  vacancy  caused  by  resignation  of  Hon.  H.  C.  McCabe. 


PREFACE. 


The  original  resolntion  authorizing  the  preparation 
of  this  Code  was  adopted  July  17th,  1905,  and  Mr.  H. 
C.  AlcCabe,  then  City  Attorney,  selected  for  the  work.  By 
subsequent  resolutions  of  the  Board,  Air.  Harris  Dick- 
son, Judge  of  the  City  Court,  was  directed  to  co-operate 
with  Air.  AlcCabe. 

Air.  AlcCabe  undertook  to  arrange  the  charter  and 
civil  ordinances,  while  Air.  Dickson  drafted  the  crimi- 
nal ordinance. 

This  involved  an  amount  of  labor  utterly  unlooked 
for.  On  account  of  errors  in  the  old  ordinance  books 
and  records  it  was  often  found  necessary  to  resort  to 
original  documents. 

The  criminal  ordinances,  extending  over  a period 
of  many  years,  were  hopelessly  entangled — passed,  re- 
corded, and  indexed  without  regard  to  system.  Num- 
bers of  these  ordinances  were  obsolete,  and  dozens  of 
them  covered  the  same  subjects  as  if  adopted  without 
knowledge  of  the  existing  city  law.  This  mass  of 
material  was  carefully  copied,  sifted  and  arranged. 

From  the  live  ordinances  an  entirely  new  one  was 
drafted  which  was  intended  to  embrace  everything  of 
value.  Where  these  ordinances  were  deficient,  codes 
of  other  cities  in  like  situation  were  consulted  and 
many  suggestions  adopted  therefrom.  Various  statutes 
of  the  State  of  Alississippi  applicable  to  the  City  of 
Vicksburg  were  incorporated. 

This  new  criminal  ordinance,  so  prepared,  was  sub- 


initted  to  the  Mayor  and  Aldermen.  With  painstaking 
fidelity  these  gentlemen  considered  it  section  by  section 
and  word  by  word.  They  passed  it  nnanimonsly,  first 
section  by  section,  then  as  a whole. 

Pending  the  printing  of  the  Code  Mr.  McCabe 
died.  His  allotment  of  the  work  was  complicated  and 
troublesome,  requiring  the  utmost  exactitude  and  care. 
Mr.  Dickson  then  undertook  its  completion. 

While  no  amount  of  labor  has  been  spared,  and  ev- 
ery precaution  taken  to  detect  error,  yet  from  the  very 
nature  of  the  work  errors  may  develop.  It  is  believed 
and  hoped,  however,  that  the  compilation  is  accurate. 

HARRIS  DICKSON. 

Vicksburg,  Miss.,  July  22,  1907. 


-i  - 


• ’/  ’ 


y • 


L. 


GENERAL  INDEX. 


The  City  Charter  Having  Full  Marginal  Notes  no  De- 
tailed Index  is  Prepared. 


PAGE 

City  charter pages  17  to  50 

Amendments;  Street  Commissioner 50 

Fines  in  City  Court 51 

Memphis  & Vicksburg  II.  II.  Shops 51 

Parks,  Depot  grounds,  Public  grounds; 
Railways  and  Street  Railways;  no  exclu- 
sive franchise 53 

Sprinkling  streets 53 

Municipal  Bonds 54 

Municipal  Bonds,  amended 56 

Election  not  to  come  under  Municipal  Chapter  of 

Code  1906  58 

Constitutional  provisions  applicable 59 

Statutory  provisions  applicable 66 

“ ‘‘  continued 72 

Proceedings  Board  of  Mayor  and  Aldermen 77 

Sidewalk  ordinance 77 

Assessment  ordinance 80 

Registration  ordinance 82 

Pearl  Street  Switch 84 

Mulberry  and  Pearl  Street  Switches 84 

Memphis  and  Vicksburg  R.  R. ; Right  of  Way 86 

the  same,  amended 89 

Great  Southern  Telephone  Co.;  Right  of  Way 91 

L.  N.  O.  & T.  R.  R.  Switch 93 

Vicksburg  & Meridian  R.  R.  Switches 94 

A.  & V.  Ry.  to  change  track  on  Pearl  St 96 


PAGE 


Waterworks;  Bullock  Franchise 96 

L.  N.  0.  & T.  Switches 103 

Street  Railways,  general 105 

Street  Railways,  Percival  Steele  Franchise 107 

Vicksburg  Gas  Co.  Franchise Ill: 

Vicksburg  Gas  Co.  Franchise  Acceptance 117 

Water  Works  Franchise;  Adolph  Rose  et  al 118 

Electric  Light  and  Power;  II.  K.  Johnson  Franchise  123 

Sheds  and  galleries  on  Washington  St 124 

Telephone,  telegraph  and  electric  wires,  general.  . . 125 

Gas,  Water  and  Sewage  mains  and  pipes 127 


INDEX  TO  OFFENSES  AND  PENALTIES  CREATED 
BY  CIVIL  ORDINANCES. 


PAGE 


Board  of  Mayor  and  Aldermen  may  fine  for  con- 
tempt   77 

City  Court  may  fine  M.  & V.  R.  R.  for  negligence. 

Sec.  8 88 

City  Court  may  fine  V.  & M.  R.  R.  for  negligence. 

Sec.  4 95 

Violation  of  Street  Railways  ordinance.  Sec.  3 106 

Vehicles  obstructing  street  cars.  Sec.  7 110 

City  Court  may  fine  Street  R.  R.  Co.  for  negligence. 

Sec.  12 Ill 

Sheds  and  galleries  on  Washington  St.,  Sec.  4 125 

Telephone,  telegraph  and  electric  wires.  Sec.  3 126 

Gas,  Water  Works  and  Sewage  pipes  etc..  Sec.  4.  . . . 128 


Charter  of  the  City  of  Vicksburg. 


Chapter  I. 

AN  ACT  to  amend  the  Charter  of  the  City  of  Vicksburg,  and  to  reduce  into 
one  Act  tiie  Act  incorporating  said  City,  and  the  amendments  thereto. — 
(Laws  1884,  p.p.  422-451.) 

Section  1.  Be  it  enacted  by  the  Legislature  of  Boundaries, 
the  State  of  Mississippi,  That  the  limits  and  boun- 
daries of  the  City  of  Vicksburg  shall  hereafter  be 
as  follows,  to-wit:  Commencing  at  a point  in  the 

center  of  the  month  of  Glass  Bayou,  as  defined  on 
Searles’  map  of  said  City,  and  running  thence  west 
to  the  middle  of  the  former  channel  of  the  Missis- 
sippi river,  thence  south,  down  the  middle  of  said 
channel  to  a point  500  yards  southwest  of  the 
P'Line  elevator,  thence  east  to  the  center  of  the 
track  of  the  Mississippi  Valley  and  Ship  Island 
Railroad,  thence  north  along  the  center  of  said 
track  fo  the  said  city  limits  as  established  by  the 
charter  of  said  city,  approved  April  12,  1873,  thence 
east  along  the  south  boundary  line  of  said  city,  as 
laid  down  on  Searles’  map,  to  the  point  where  the 
said  line  intersects  the  bayou,  in  Section  31,  near 
and  just  east  of  the  Hall’s  Ferry  road,  thence  north- 
ward along  said  bayou  to  where  the  same  is  inter- 
sected by  Bay  street,  thence  along  the  south  side 
of  Bay  street  to  the  intersection  of  Court  street, 
thence  north  along  the  east  side  of  Court  street  to 
Elm  street,  thence  eastward  along  the  south  side 
of  Elm  street  to  a point  where  said  street  inter- 
vSeots  the  west  line  of  lot  8 in  Section  21,  being 
laid  down  on  said  Searles’  map  as  the  Baum  place, 
thence  eastward  in  a straight  line  to  the  intersec- 
tion of  Baldwin’s  Ferry  road  with  Lane’s  road, 
as  laid  down  on  said  map,  thence  eastward  along 
the  south  side  of  said  Baldwin’s  Ferrv^  road  to  the 
intersection  of  Howard  street  extended,"  thence  north 
2-City  17 


18 


First  Ward 


Second  Ward 


Third  Ward 


Fourth  Ward 


Inhabitants  a 
body  politic 


Name 


Who  qualified 
Voters 


along  the  east  side  of  Howard  street  extended  to  the 
intersection  of  Main  street,  thence  west  along  the 
north  side  of  Main  street  to  the  intersection  of 
Third  North  street,  thence  north  along  the  east  side 
of  Third  North  street  to  a point  where  the  eastern 
line  of  said  street  prolonged  will  connect  with  the 
east  line  of  Ash  street,  thence  along  the  east  side  of 
Ash  street  extended  to  Catherine  street,  thence 
west  along  the  north  side  of  Catherine  street  to  the 
center  of  Glass  bayou,  and  thence  down  or  west- 
ward along  the  center  of  said  bayou  to  the  place 
of  beginning;  and  said  city  is  divided  into  four 
wards,  as  follows: 

The  First  Ward  shall  embrace  all  the  terri- 
tory of  said  city  west  of  Cherry  street  and  north 
of  Clay  street. 

The  Second  Ward  shall  embrace  all  the  terri- 
tor}^  of  said  city  east  of  Cherry  street  and  north 
of  Clay  street,  and  Clay  street  prolonged  fo  the 
east  limits. 

The  Third  Ward  shall  embrace  all  the  terri- 
tory of  said  city  south  of  Clay  street  and  west  of 
Walnut  street,  and  Walnut  street  prolonged  to  the 
south  limits. 

The  Fourth  Ward  shall  embrace  all  the  terri- 
tory of  said  city  south  of  Clay  street  and  Clay 
street  prolonged  to  the  east  limit  and  east  of  Walnut 
street  and  Walnut  street  prolonged  to  the  south 
limits. 

Sec.  2.  Be  it  further  enacted.  That  the  inhabi- 
tants of  said  city  are  hereby  constituted  a body 
politic  and  corporate,  with  perpetual  succession 
by  the  name  and  style  of  “The  Mayor  and  Aider- 
men  of  the  City  of  Vicksburg,”  and  as  such  and 
by  that  name  shall  be  capable  of  contracting  and 
being  contracted  with,  suing  and  being  sued,  plead- 
ing and  being  impleaded  in  all  courts  and  places, 
and  in  all  matters,  and  may  acquire,  by  purchase 
or  otherwise,  for  corporate  purposes,  personal,  real 
or  mixed  property,  and  may  have  and  use  a com- 
mon seal  and  change  and  renew  the  same  at 
pleasure. 

Sec.  3.  Be  it  further  enacted.  That  the  quali- 
fied voters  who  have  resided  in  the  city  one  month 


19 


prior  to  any  election,  shall  be  entitled  to  vote  in 
the  Wards  in  which  they  may  have  each  respect- 
fnlly  resided  for  fifteen  days  before  the  time  of 
election.  All  elections  shall  be  by  ballot. 

Section  3664  Code  of  1892,  providing  bow  ballots  shall 
be  marked,  applies  to  municipal  elections.  Kelly  vs.  Kiers- 
ky,  79  Miss.,  168. 

Tbe  use  of  two  crosses  (XX)  instead  of  one,  to  desig- 
nate tbe  name  of  tbe  person  voted  for,  does  not  invalidate 
tbe  ballot,  lb.  168. 

Tbe  ballot  upon  wbicb  tbe  voter’s  choice  is  sought  to 
be  indicated  by  a straight  mark  opposite  tbe  name,  or  by 
erasing  tbe  name,  is  void.  Ib.  168. 

Voters  at  municipal  elections  must  vote  in  tbe  wards  in 
•which  they  reside.  Kiersky  vs.  Kelly,  81  Miss.,  2. 

Section  3028,  Code  of  1892,  insofar  as  it  requires  an 
elector  to  reside  in  municipality  one  year  before  being  en- 
titled to  register  and  vote,  is  unconstitutional.  Ib.  2. 

Sec.  -I.  (As  amended,  Laws  of  1904,  page  168.) 
That  a general  election  to  fill  all  mnnicipal  offices 
made  elective  by  the  people,  shall  be  held  on  the  first 
Tuesday  in  December,  1904,  and  every  four  years 
thereafter  on  that  day  between  the  hours  and  in  the 
manner  prescribed  by  law  for  state  elections.  The 
newly  elected  officers  shall  qualify  and  enter  upon 
the  duties  of  their  respective  offices  on  the  second 
Tuesday  in  January  succeeding  their  election,  and 
to  continue  in  the  discharge  thereof  until  their 
successors  are  elected  and  qualified.  The  present 
officers  of  said  city  shall  hold  their  offices  until 
the  second  Tuesday  in  Januaiy,  1905,  and  until 
their  successors  are  elected  and  qualified.  At  said 
election,  in  addition  to  the  two  aldermen  which 
are  provided  for  by  law  from  each  ward,  there  shall 
be  two  aldermen  elected  for  the  city  at  large  by 
the  qualified  electors  of  said  city,  making  the  num- 
ber of  aldermen  of  said  city  ten  instead  of  eight 
as  now  provided  for  by  law. 

Sec.  5.  Be  it  further  enacted.  That  preceding 
each  municipal  election  the  Board  of  Ma^mr  and 
Aldermen  shall  provide  suitable  and  convenient 
voting  places,  ballot  boxes  and  means  for  holding 
the  election  in  each  ward,  and  the  Mayor  shall  give 
notice  of  such  election  by  publication  in  some 
newspaper  published  in  said  city  twenty  da}"S  prior 
to  the  time  of  holding  the  same.  And  the"  Mayor 
shall  nominate  to  the  Board  of  Aldermen,  for 
their  confirmation,  six  persons  in  each  ward  where 


Time  for  bold- 
i n g general 
elections. 


Board  to  pro- 
vide for  bold- 
ing elections. 


Mayor  to 
notice 


Oath 


Manner  of 
count 
votes. 


Certificate 

Judges. 


20  • 

give  the  election  to  be  held,  being  qualified  voters  of 
the  ward,  and  not  candidates  for  any  of  the  offices 
to  be  voted  tor  at  the  election  three  of  whom  shall 
be  named  as  judges  of  the  election  to  be  held  in  the 
ward  of  their  appointment,  and  the  other  three  as 
alternates  to  fill  any  vacancy  that  may  occur  in  the 
Board  of  Judges;  one  of  said  Judges  shall  act  as 
clerk  of  the  election.  [The  judges  are  now  appointed 
by  the  Commissioners  of  election.]  Before  entering 
on  the  discha  rge  ot  their  duties  the  said  Judges  shall 
take  and  subscribe  to  an  oath  in  writing  before  the 
Mayor,  City  Clerk  or  some  Justice  of  the  Peace, 
to  faithfully  discharge  their  duties  as  Judges  of 
Election  and  make  true  returns  thereof  to  the 
Board  of  Mayor  and  Aldermen,  which  oath  shall 
be  filed  by  the  City  Clerk  to  be  retained  by  him  as 
a part  of  the  records  of  the  corporation.  The 
Judges  shall  enter  upon  the  count  of  the  votes 
cast  at  their  respective  places  for  voting  the  same 
evening  the  polls  are  closed,  and  complete  said 
counting  at  an  hour  not  later  than  12  o’clock  noon, 
of  the  day  succeeding  the  election;  and  as  soon 
as  the  count  is  completed  the  judges  shall  recapitu- 
late the  result  of  the  votes  for  each  candidate,  and 
endorse  the  same  with  the  following  certificate: 

‘AYe,  the  undersigned  Judges  of  the  election 

of  held  in  the Ward,  on  the day  of 

19 . . , do  hereby  certify  that  the  accompanying  state- 
ment shows  correctly  the  result  of  said  election  in 
said  ward.” 

Said  certified  recapitulation  attached  to  the 
tally  sheet  upon  which  the  account  is  kept,  shall 
be  deposited  in  the  ballot  box,  which,  properly 
sealed  down,  shall  be  delivered  by  the  Judges  to  the 
City  Clerk,  and  be  retained  by  him  so  sealed  until 
he  shall  open  them  in  the  presence  of  the  Board 
of  Mayor  and  Aldermen,  which  Board  shall  assem- 
ble not  later  than  the  third  day  after  the  election 
is  held,  and,  by  order  to  spread  upon  their  min- 
utes, declare  upon  the  return  of  the  Judges  the 
candidates  receiving  the  highest  number  of  votes 
for  the  respective  offices,  and  thereupon  the  Mayor 
shall  issue  to  the  officers  elected,  upon  their  demand, 
certificates  of  their  election,  and  the  officers  holding 
said  certificates  shall  be  entitled  to  assume,  at  the 
proper  time,  the  offices  mentioned  in  their  respec- 
tive certificates. 


21 


(Amended  by  Act  of  the  Legislature,  Laws 
1886,  page  694.)  But  if  uny  objection  is  made 
to,  or  if  said  Board  shall  not  be  satisfied  with, 
the  counts  and  returns  of  the  eludges,  the  Board 
may  direct  a recount  of  the  votes  in  any  one  or 
more  of  the  boxes  in  their  presence  by  the  City 
Clerk  or  members  of  the  Board,  and  take  such  other 
steps  as  shall  secure  a fair  count  and  a proper 
determination  of  the  election. 

(Amended  further  by  Ordinance  of  May  7th, 
1900,  Ord.  Bk.  page  383)  Section  2.  At  then- 
first  regular  meeting  in  September  preceding  any 
general  election  the  Mayor  and  Aldermen  shall 
appoint  three  election  commissioners,  one  of  whom 
shall  be  designated  to  have  printed  and  distributed 
the  official  ballots  and  who  shall  perform  :all  the 
duties  as  near  as  practicable  in  respect  to  the  muni- 
cipal elections  prescribed  by  law  to  be  performed 
by  the  county  election  commissioners  where  not 
otherwise  provided,  and  whose  compensation  shall 
be  the  same  as  is  provided  by  Section  3704,  Chapter 
113  of  the  Annotated  Code  of  1892.  Section  3.  All 
returns  of  municipal  elections  shall  be  made  to  the 
^Ia}w  and  Aldermen,  and  all  the  provisions  of 
law  on  the  subject  of  state  and  county  elections, 
so  far  as  applicable, shall  govern  municipal  elections. 

Sec.  6.  Be  it  further  enacted.  That  the  Board 
of  Mayor  and  Aldermen  shall  be  the  exclusive 
judges  of  the  qualification  and  election  of  the  Aider- 
men,  and  if  at  any  election  for  general  city  of- 
ficers there  shall  occur  a failure  to  hold  the  election 
in  any  one  ward  (of  which  the  Board  of  Mayor 
and  Aldermen  shall  be  the  sole  judges)  the  result 
of  such  election  as  to  such  general  officers  shall 
not  be  affected  thereby;  but  upon  such  a failure 
in  two  or  more  wards  the  Board  of  Mayor  and 
Aldermen  shall  direct  a new  election  to  be  held 
within  a period  not  later  than  thirty  days  for  gen- 
eral city  officers,  and  also  for  Aldermen  of  said 
wards  in  which  such  failures  occurred.  Said 
Board  shall  also  direct  the  holding  of  special  elec- 
tions to  fill  vacancies  that  may  occur  in  the  elec- 
tive offices  of  the  city,  in  the  manner  provided  for 
holding  the  regular  elections. 

Sec.  7.  (As  amended  by  Ordinance  of  May 
7th,  1900,  Ord.  Bk.,  page  383).  Be  it  further 
enacted  that  the  corporate  officers  of  the  city  shall 


Exclusive 
judges  to  de- 
termine qual- 
ification and 
election 


Failure  to 
elect. 


Provide  for  fill- 
ing  vacancies 


22 


Who  are  cor- 
porate offi- 
cers 


Officers  chosen 
by  Board 


President  pro- 
tein 


Special  Presi- 
dent protem 


Tenure  of  office 


consist  of  two  Aldermen  from  each  ward,  and  two 
from  city  at  large,  (Laws  1904,  p.  168)  one 
Mayor,  one  Assessor  and  Collector  of  Taxes,  one 
City  Clerk,  one  City  Marshal,  one  Wharf  & Harbor 
Master,  one  Market  Master,  one  City  Attorney,  one 
City^  Physician,  one  City  Sexton,  one  Street  Com- 
missioner, one  Chief  of  the  Fire  Department,  one 
Deputy  City  Marshal,  whose  salary  shall  not  exceed 
$75.00  per  month,  (Amended  by  Ordinance  of  April 
3rd,  1906,  page  493,  so  as  to  read  $100.00.)  The 
Mayor,  Aldermen,  Assessor  and  Collector  and 
IVharf  and  Harbor  Master  shall  be  elected  by  the 
qualified  voters  of  the  city.  The  City  Clerk,  City 
Marshal,  Market  Master,  City  Physician  and  City 
Sexton,  City  Attornejq  and  Street  Commissioner, 
Chief  of  the  Fire  Department,  and  Deputy  City 
Marshal  shall  be  elected  by  ballot  by  the  Mayor 
and  Aldermen,  and  shall  hold  their  offices  for 
four  years  unless  removed;  the  Mayor,  Aldermen, 
Assessor  and  Collector,  and  Wharf  and  Harbor 
Master  shall  hold  their  offices  for  four  years  and 
until  their  successors  are  elected  and  qualified.  At 
their  meeting  on  the  second  Tuesday  in  January 
succeeding  the  general  election,  or  as  soon  thereaf- 
ter as  practicable,  the  Mayor  and  Aldermen  shall 
choose  by  ballot  incumbents  for  the  offices  hereby 
made  elective  by  them,  and  they  shall  then  also  elect 
by  ballot  one  of  the  Aldermen  to  be  President  of  the 
Board  of  Aldermen,  who  shall  in  the  absence  of  the 
Mayor,  or  of  inability  on  his  part  to  discharge  the 
duties  of  his  office,  discharge  all  the  duties  of  the 
office  of  Mayor,  for  and  during  the  time  of  such 
absence  or  inability,  for  which  time  and  service  he 
shall  be  allowed  by  the  Board  the  same  salary  pro 
rata,  received  by  the  Mayor,  the  same  to  be  deduct- 
ed from  the  salary  of  the  latter.  And  when  the 
Mayor  and  President  of  the  Board  shall  both  be  ab- 
sent from  any  regular  or  special  meeting,  a special 
President  “pro  tern”  shall  be  elected  by  the  mem- 
bers present,  Avho  shall  preside  at  such  meeting, 
and  shall  be  naid  as  ihc  President  of  the  Bo^ird. 
The  present  city  ofiicers  shall  continue  in  office  until 
said  second  Tuesday  in  January  1905,  and  until 
their  successors  rvre  elected  and  qualified. 

(Amended  by  Section  5 of  the  ordinance  of 
May  7tli,  1900,  Ord.  Bk.,  page  383,  as  follows  :) 
In  addition  to  the  corporate  officers  mentioned  in 


23 


Section  7 of  said  charter  a Street  Commissioner 
shall  be  chosen  by  the  Ma3’or  and  Aldermen  at  the 
same  time  and  in  the  same  manner  as  is  prescribed 
therein  for  the  election  of  the  City  Clerk,  City  Mar- 
shal, Market  Master,  City  Ph^^sician  and  .City  Sex- 
ton, and  whose  term  of  office  shall  be  four  years. 
The  Street  Commissioner  shall  under  the  direction 
of  the  Ma^mr  and  Aldermen  have  general  control  of 
the  streets,  alleys,  avenues  and  si  dewalks;  he  shal  1 see 
that  they  are  always  in  proper  rej^air ; he  shall  see 
that  the  same  are  worked,  repaired,  altered,  paved, 
lighted,  sprinkled,  and  everything  else  done  that 
ought  to  be  done  to  keep  the  same  in  good  repair 
and  condition,  and  shall  perform  all  other  duties 
that  may  be  required  of  him  by  ordinance,  and 
shall  receive  such  salary  for  his  services  as  may 
be  prescribed  b}^  the  Ma^mr  and  Aldermen,  not  to 
exceed  $125.00  per  month. 

Sec.  8.  Be  it  further  enacted.  That  all  city 
officers,  at  the  date  of  their  election  or  appointment, 
shall  be  legal  voters  of  the  city,  and  shall  have 
resided  therein  at  least  two  years  next  preceding 
their  election  or  appointment,  and  the  Aldermen 
shall  reside  in  the  respective  wards  from  which 
they  are  chosen ; change  of  residence  from 'the 
ward  he  ma}^  have  been  chosen  to  represent,  shall, 
ipso  facto,  make  vacant  the  office  of  any  Alderman. 

Sec.  9.  Be  it  further  enacted.  That  every  city 
officer,  before  entering  upon  the  duties  of  his  office, 
shall  take  and  subscribe  the  following  oath,  in 
writing,  before  the  Mayor,  or  City  Clerk,  or  before 
the  Circuit  or  Chancery  Clerk  of  Warren  County: 

“I, , do  solemnly  swear  that  I will,  to  the 

best  of  my  ability,  faithfully  and  impartially  dis- 
charge the  duties  of  the  office  of , and 

while  filling  the  same,  will  not  become  individually 
interested,  either  directly  or  indirectly,  in  the  profit 
or  proceeds  of  any  contract  to  which  the  City  of 
Vicksburg  is  a party.”  And  the  city  officers  shall 
give  bond  with  good  surety  or  sureties,  who  shall 
be  freeholders  in  said  city,  or  county  of  Warren, 
to  be  approved  by  the  Board  of  Mayor  and  Al- 
dermen, in  the  following  penalties  respectively: 
The  Mayor  $25,000 ; President  of  the  Board,  $5,000 ; 
each  Alderman  $1,000;  Assessor  and  Collector  $25,- 
000;  City  Clerk,  $3,000;  City  Marshal,  $5,000; 
Wharf  and  Harbor  Master,  $5,000;  Market  Master, 


Street  Commis- 
sioner 


Qualification 
for  office 


Oath  of  office 


Bonds  of  City 
officers. 


24 


Conditions  of 
Bond 


Duties  of 
Mayor 


When  he  shall 
vote. 


$1,000;  City  Physician,  $3,000;  and  the  Mayor  as 
ex-officio  Treasurer  shall  give  like  bond  in  such 
penalty  as  may  be  fixed  from  time  to  time  by  the 
Board  of  Mayor  and  Aldermen.  Said  bonds  shall 
each  be  made  jmyable  to  “The  Mayor  and  Aldermen 
of  the  City  of  Vicksburg,”  and  be  conditioned  for 
the  faithful  discharge  of  the  duties  of  the  office  as 
prescribed  by  law,  and  the  prompt  payment,  dis- 
bursement and  accounting  for,  as  required  by  law, 
of  all  money  received  by  him  officially,  and  the  de- 
livery to  his  successor  in  office  of  all  city  property 
that  may  have  come  to  his  hands  or  control  by 
virtue  of  his  office.  Said  bonds  when  approved, 
together  with  the  aforesaid  oath,  shall  be  filed  in 
the  office  of  the  City  Clerk,  and  be  by  him  record- 
ed in  the  proper  book.  Any  official  bond  may  be 
put  in  suit  in  the  name  of  the  corporation,  and 
recovery  had  to  the  use  of  the  person  aggrieved 
by  a breach  thereof,  without  any  costs  to  the  city. 
If  any  officer  fail  to  give  bond  within  thirty  days 
after  his  election,  his  office  shall  be  deemed  vacant. 

Sec.  10.  Be  it  further  enacted.  That  the  May- 
or shall  preside  at  the  meetings  of  the  Aldermen 
and  shall  be  the  chief  executive  officer  of  the  cor- 
poration, and  ex-officio  Treasurer  of  the  city;  he 
shall  see  that  the  laws  and  ordinances  of  the  city 
are  strictly  enforced,  shall  inspect  the  conduct  of 
all  subordinate  officers  of  the  corporation  and  see 
that  their  duties  are  performed,  and  shall  report 
in  writing  to  the  Board  any  neglect  of  duty  on  the 
part  of  such  officers,  and  give  such  information  and 
recommend  such  measures  as  he  may  deem  beneficial 
to  the  health,  security  and  good  government  of  the 
city.  He  shall  have  a vote  with  the  Aldermen  in 
the  election  by  the  Board  of  city  officers,  but  in  no 
other  instance,  except  when  there  is  a tie  vote  of 
the  Aldermen,  and  he  shall  then  have  the  casting 
vote.  He  shall  have  the  power  to  veto  any  ordi- 
nance adopted  by  the  Aldermen,  and  the  same  shall 
not  become  a law  unless  upon  the  question  of  its 
adoption  over  the  veto  it  shall  receive  six  votes  of 
the  Aldermen  in  its  favor.  Each  ordinance  shalJ 
be  submitted  by  the  City  Clerk  to  the  Mayor  for 
his  approval  or  disapproval,  on  the  day  following 
its  adoption  by  the  Aldermen,  and  the  Mayor,  if 
he  shall  approve  the  same,  shall  sign  it  approved 
by  him,  and  the  ordinance  shall  become  a law.  as 
it  may  provide.  If  he  disapprove  the  ordinance  he 


25 


shall,  Nvithin  three  days  after  the  Clerk  shall  have 
delivered  it  to  him,  return  the  same  to  the  Clerk, 
with  his  disapproval  and  reasons  therefor,  in  writ- 
ing, addressed  to  the  Board  of  Mayor  and  Aider- 
men.  If  the  Mayor  shall  fail  to  return  the  ordi- 
nance to  the  Clerk  within  the  time  laforesaid,  with 
his  action  thereon,  in  writing,  the  ordinance  shall 
become  a law  according  to  its  provisions,  without 
the  action  of  the  Mayor.  The  Clerk  shall  endorse  on 
each  ordinance  the  date  of  delivery  to  the  iNIatmr, 
and  also  the  time  of  its  return  to  him  by  the  Mayor, 
and  shall  lay  before  the  Board  of  Mayor  and  Al- 
dermen at  their  next  meeting  any  vetoed  ordinance, 
with  the  accompanying  communication  from  the 
Mayor.  For  his  services  the  Mayor  shall  receive 
a salaiy  of  not  more  than  $1,500  nor  less  than  $1,200, 
payable  monthly  by  order  of  the  Board  of  Mayor 
and  Aldermen. 

Sec.  10a.  (Ordinance  of  January  17,  1905, 
providing  for  a Police  Justice.) 

Section  1.  That  the  office  of  Police  Justice,  as 
anentioned  and  provided  for  in  Section  3001  of  the 
Annotated  Code  of  Mississippi,  1892,  is  hereby  creat- 
ed for  the  City  of  Vicksburg  in  the  State  of  Mis- 
sissippi, said  City  having  more  than  four  thousand 
inhabitants. 

Section  2.  That  the  Mayor  and  Aldermen  of 
the  City  of  Vicksburg  may  elect  at  the  time  pro- 
vided for  the  election  of  other  officers  by  them, 
or  as  soon  thereafter  as  practicable,  a Police  Jus- 
tice; but  the  first  election  under  this  amendment 
may  be  had  at  any  time  within  thirty  days  next 
after  the  approval  of  this  amendment  by  the  Gov- 
ernor and  its  record  in  the  office  of  the  Secretary 
of  State.  The  salary  of  the  Police  Justice  shall 
be  fixed  by  fhe  Mayor  and  Aldermen  and  ])aid  out 
of  the  City  Treasury.  He  shall  take  the  same  oath 
of  office  that  the  other  corporate  officers  of  the  City 
are  required  to  take,  and  shall  give  bond  in  the 
sum  of  Two  Thousand  Dollars,  with  two  good 
sureties,  to  be  approved  by  the  Mayor  and  Aider- 
men,  conditioned  according  to  law  and  the  City 
Charter  of  the  City  of  Vicksburg. 

Section  3.  That  the  Police  Justice  shall  be  ex- 
officio  a Justice  of  the  Peace  in  and  for  said  City 
of  Vicksburg.  He  shall  jx)ssess  all  the  qualifica- 
tions of  other  Justices  of  the  Peace,  and  shall 
have  the  same  jurisdiction,  and  shall  also  take  the 


Veto  power 


Salary 


Police  Justice 
Elected 


26 


Keep  Docket 


Hold  Court 


Convicts  to 
work  on 
streets 


oath  of  office,  and  execute  the  bond  required  of  them 
by  the  laws  of  the  State.  He  shall  have  jurisdic- 
tion, in  addition  to  that  possessed  by  other  Jus- 
tices of  the  Peace,  and  it  shall  be  his  duty  to  hear 
and  determine  all  violations  of  the  Ordinances  of 
the  municipality,  and  to  punish  offenders  there- 
for, but  the  punishment  for  violations  of  the  Ordi- 
nances of  the  City  of  Vicksburg  shall  never  ex- 
ceed a fine  of  $100.00  and  imprisonment  not  ex- 
ceeding one  month,  and  the  cost  of  prosecution; 
and  imprisonment  until  the  cost  and  fine  be  paid, 
and  if  the  cost  and  fine  be  not  promptly  paid  the 
convict  may  be  required  to  work  out  the  same  on 
the  streets  or  other  public  works. 

Section  4.  The  Police  Justice  shall  keep  a reg- 
ular docket,  on  which  he  shall  enter  the  causes 
arising  under  the  ordinances  of  the  City  of  Vicks- 
burg and  to  be  tried  by  him,  and  he  shall  keep  a 
proper  record  of  all  causes  tried.  He  may  hold  his 
court  at  any  time.  The  Marshal  shall  attend  his 
court  and  serve  its  processes,  execute  its  orders,  and 
act  as  its  chief  executive  officer.  As  ex-officio  Justice 
of  the  Peace,  the  Police  Justice  shall  keep  a separate 
docket,  which  docket  shall  be  kept  as  the  dockets  of 
the  other  Justices  of  the  Peace  are  required  to  be 
kept  by  law. 

Sec.  11.  (x\s  amended  by  ordinance  Ord.  Bk.,  p. 
473.)  That  the  Police  Justice  shall  hold  a court 
daily,  except  Sundays,  at  the  City  Hall,  or  other 
covenient  locality,  to  be  designated  by  the  Board 
of  Mayor  and  Aldermen,  which  shall  be  consid- 
ered in  constant  session  for  hearing  and  determ- 
ining all  causes  arising  under  the  ordinances  of 
the  City  of  Vicksburg.  All  fines  and  forfeitures 
imposed  by  him  for  violations  of  the  ordinances 
of  the  City  of  Vicksburg  shall  be  paid  into  the 
Treasury  of  said  City.  (Act  March  8,1884.)  If 
any  person  shall  be  convicted  and  fined  for  the 
violation  of  any  ordinance  of  the  City  of  Vicks- 
burg, and  shall  not  immediately  pay  the  fine,  such 
])erson  shall  forthwith  be  committed  to  the  custo- 
dy of  the  City  Marshal  for  confinement  in  the 
City  AVorkhouse,  or  for  labor  upon  the  streets  or 
other  public  wmrks  of  Said  City,  or  both;  and 
until  otherwise  provided  by  ordinance  of  said  City, 
all  persons  so  committed  shall  be  entitled  to  have 
the  fine  so  imposed  liquidated  by  such  labor  at  the 


rate  of  fifty  cents  per  day  for  each  day's  labor 
actually  performed  by  him,  and  may  at  any  time  be 
discharged  upon  the  jDayment  of  so  much  of  said 
fine  as  shall  be  due  after  deducting  the  labor  or 
credits  to  -which  he  may  be  entitled.  If  any  person 
being  in  such  custody  shall  escape  or  attempt  to 
escape  he  shall,  upon  conviction  therefor  in  said 
Court,  be  fined  double  the  amount  then  due  by  his 
former  fine,  to  be  worked  out  in  like  manner.  The 
Mayor  and  Aldermen  of  the  City  of  Vicksburg  shall 
be  and  are  hereby  authorized  and  empowered  to 
hire  out  persons  convicted  of  violating  the  ordi nan- 
ces of  said  Cit}^  in  the  same  manner  as  Boards  of 
Supervisors  are  authorized  to  do  with  regard  to 
convicts  in  the  County  Jail  for  the  payment  of 
their  imprisonment,  provided  they  shall  not  be 
taken  out  of  the  County.  The  Police  Justice  while 
engaged  in  hearing  and  determining  causes  pend- 
ing before  him  for  violations  of  the  ordinances 
of  said  City,  shall  have  the  power  to  fine  and  im- 
prison any  person  for  contempt  of  his  authority, 
but  the  fine  shall  not  exceed  thirty-five  dollars, 
nor  the  imprisonment  twenty-four  hours  for  each 
offense.  If  the  Police  Justice  shall  be  absent,  or 
unable  to  preside,  the  Mayor  shall  act  in  his  place ; 
and  when  the  Police  Justice  and  Mayor  shall  both 
be  absent,  or  unable  to  preside,  the  President  of  the 
Board  of  Mayor  and  Aldermen  shall  act  in  his 
place ; and  when  all  of  said  parties  shall  be  absent, 
or  unable  to  preside,  the  Board  of  Mayor  and  Al- 
dermen shall  immediately  convene  and  elect  one  of 
its  members  present  to  preside,  and  whatever  person 
may  be  acting  in  place  of  Police  Justice  shall  for 
the  time  have  and  possess  all  the  powers  and  au- 
thority vested  in  the  Police  Justice.  The  City 
Clerk  shall  be  the  Clerk  of  the  Police  Justice,  and 
shall  attend  whenever  his  Court  is  in  session,  either 
in  person  or  by  assistant,  and  shall  keep  the  dockets 
and  minutes  thereof  relating  to  violations  of  the 
City  ordinances,  and  shall  have  the  custody  and  care 
of  the  records  of  his  Court.  The  City  ^larshal  or 
his  Deputy  shall  also  attend  sessions  of  the  Court 
held  by  the  Police  Justice,  and  shall  keep  order 
and  execute  its  orders  and  judgments.  The  Police 
Justice,  the  City  Clerk,  Assistant  City  Clerk,  City 
Marshal  and  Deputy  City  Marshal  are  authorized 
to  administer  oaths,  and  all  process  from  the  Court 
presided  over  by  the  Police  Justice  shall  be  signed 


Who  preside  in 
absence  of 
Police  J u s- 
tice 


Duties  of  City 
Clerk 


Appeals,  how 
taken 


City  Clerk  to 
attend  meet- 
ing of  the 
Board 


Salary 


Appropriation 

Book 


Contract  Book 


and  issued  by  'the  Police  J iistice  or  the  City  Clerk, 
or  Assistant  Clerk,  and  may  run  into  any  County 
in  the  State,  under  the  same  penalties  which  are 
now,  or  which  may  be  prescribed  by  law  with  regard 
to  the  writs  of  process  of  Circuit  Courts. 

(Note  1.  For  power  to  hire  out  prisoners.  See 
Code  1892,  Section  813.) 

Sec.  12.  (As  amended  by  ordinance  O.B..p.  474) 
That  all  appeals  from  the  Police  Justice  shnll  be 
taken  direct  to  the  next  term  of  the  Criminal  Court 
of  Warren  County,  Mississij^pi,  instead  of  to  the 
Board  of  Mayor  and  Aldermen,  as  now  provided 
by  the  City  Charter,  and  the  appellant  shall  give 
bond  to  be  fixed  by  the  Police  Justice  before  whom 
he  is  tried,  in  a sum  not  less  than  One  Hundred 
Dollars,  conditioned  according  to  law,  provided  such 
appeal  be  taken  within  five  days  from  the  date  of 
conviction. 

Sec.  13.  Be  it  further  enacted.  That  the  City 
Clerk  shall  attend  all  the  meetings  of  the  Board  of 
Mayor  and  Aldermen  and  keep  full  and  correct 
minutes  of  their  proceedings  in  a well-bound  l)ook ; 
he  shall  be  the  custodian  of  the  city  seal  and  all 
files  and  records  pertaining  to  the  affairs  of  the 
Board,  and  shall  keep  a full  set  of  double-entry 
books,  and  render  to  the  Board  of  Mayor  and  Al- 
dermen a trial  balance  of  the  same  at  the  first 
regular  meeting  in  each  month.  For  his  services  he 
shall  receive  a salary  of  not  less  than  $900  and  not 
more  than  $1,200  per  annum,  payable  monthly  on 
the  order  of  the  Board.  (Amended  so  as  to  read 
not  less  than  $1,200,  nor  more  than  $1,800.  Ord.  B. 
p.  385.) 

Sec.  14.  Be  it  further  enacted.  That  when 
any  claim  or  account  against  the  city  shall  be  allow- 
ed by  the  Board  of  Mayor  and  Aldermen,  the  City 
Clerk  shall  enter  in  a book  to  be  styled  the  ‘‘Ap- 
i:)ropriation  Book,”  the  name  of  the  person  to  whom 
the  same  shall  be  payable,  with  the  date  of  the 
claim,  amount,  and  date  of  the  allowance.  And 
when  any  contract  shall  be  made  by  the  city  with 
any  person  for  work  to  be  done,  material  furnished, 
or  services  rendered  the  city  (other  than  the  usual 
services  prescribed  by  law  for  city  officials),  the 
City  Clerk  shall  enter  in  a book  to  be  styled  the 
‘‘Contract  Book,”  the  names  of  the  contractor,  date 
of  the  contract,  a synopsis  or  the  nature  of  the  con- 


29 


tract,  the  amount  to  be  paid,  the  name  of  the  sure- 
ty on  the  contractor's  bond,  if  any  was  required, 
and  the  penalty  thereof.  The  City  Clerk  shall  enter 
in  a book  to  be  styled  the  ‘‘Bond  Book”  the  bonds 
given  by  all  city  officials. 

Sec.  15.  Be  it  further  enacted,  That  all  books, 
bonds,  papers  and  records  on  file,  or  held  in  any 
department  of  the  city  government  shall  be  open 
for  the  inspection,  examination  and  the  procure- 
ment of  copies  by  any  citizen  of  the  city;  and  any 
officer  in  charge  refusing  or  obstructing  the  same 
shall  be  subject  to  removal  from  office  therefor; 
but  this  section  shall  not  be  construed  to  warrant 
a dispossession  of  an  officer  in  charge  of  such  record 
book,  etc.,  or  an  interference  with  the  discharge  of 
his  official  duties  relating  thereto. 

Sec.  16.  Be  it  further  enacted.  That  the  City 
Clerk  shall  keep  a well-bound  book,  in  which  shall 
be  printed  or  lithographed  suitable  warrants,  in 
such  form  as  the  Board  of  Mayor  and  Aldermen 
may  direct,  with  a duplicate  margin  to  the  same, 
to  be  by  him  numbered  in  regular  order;  and  for 
every  allowance  against  said  city  he  shall  issue  a 
warrant  on  the  Treasurer  of  said  city  in  favor  of 
the  person  entitled  to  the  same,  showing  on  its  face 
the  date  of  the  allowance  of  the  account  or  claim  for 
which  the  same  is  issued,  and  shall  deliver  the  same 
to  the  proper  person,  who  shall  receipt  on  the  mar- 
gin for  the  same  keeping  a marginal  duplicate 
thereof  in  said  warrant  book.  All  warrants  shall 
be  signed  by  the  City  Clerk  and  bear  the  seal  of  the 
city;  and  said  warrants  shall  be  presented  to  the 
Treasurer  of  the  city;  who  shall,  if  satisfied  that 
they  are  correct,  write  across  the  face  thereof  “ap- 
proved” and  shall  sign  his  name  thereunder  as 
Treasurer,  and  shall  pay  the  same  by  his  check  on 
the  bank  of  deposit  of  the  city,  if  there  are  funds  of 
the  city  then  on  deposit  in  said  bank;  and  any 
failure  by  said  bank  to  pay  such  checks,  when  in 
funds  of  said  city,  or  any  preference  of  any  checks, 
by  any  device  or  subterfuge,  shall  be  a breach  of  the 
condition  of  the  bond  of  said  bank,  and  shall  en- 
title the  holder  of  any  warrant  so  refused  payment 
or  postponed  to  an  action  on  said  bond. 

Sec.  it.  Be  it  further  enacted,  That  the  City 
^Marshal  shall  be  the  Chief  of  the  police  force  of  the 
city,  and  as  such  have  regulation  and  control  of 


Books  to  be 
open  for  in- 
spection 


Warrant  Book 


City  Marshal, 
his  powers 
and  duties 


30 


Police  force 


Salary  of  Mar- 
shal 


WiiarfandHar- 
bor  Master 


Registration  of 
Voters. 


City  Sexton, 
his  duties 


the  same,  subject  to  the  authority  and  direction  of 
the  Board  of  Mayor  and  Aldermen.  The  Board 
shall  appoint  such  a number  of  competent  persons 
as  they  may  fix  upon  to  constitute  the  police  force, 
who  shall  receive  a compensation  of  not  more  than 
$60  per  month  each,  to  be  allowed  monthly  by  the 
Board.  The  City  Marshal  may  remove  any  member 
of  the  force  for  inefficiency  or  disobedience  of  his 
orders,  and  any  member  may  be  removed  by  reso- 
lution of  the  Board  at  any  time.  The  City  Marshal 
shall  see  that  the  orders  and  judgments  of  the  city 
court  are  executed,  and  turn  over  to  the  City  Treas- 
urer at  the  expiration  of  each  month  all  collections 
of  fines  imposed,  with  a statement  of  the  names  of 
the  persons  upon  whom  the  fines  have  been  imposed 
during  the  month,  the  date  of  the  judgment,  and  the 
amount  of  fine  imposed  and  the  amount  collected; 
and  he  shall  execute  all  lawful  orders  of  the  Board 
of  Mayor  and  Aldermen.  He  may  detail  from  the 
police  force  one  person  who  shall  act  as  his  deputy, 
and  the  Marshal  and  police  force  shall  be  conserva- 
tors of  the  peace  within  the  city  limits,  and  shall 
make  arrests  for  all  violations  of  ordinances  and 
laws.  The  City  Marshal  shall  receive  a salary  of 
not  exceeding  $125,  and  not  less  than  $75  per 
month,  to  be  paid  on  the  allowance  of  the  Board. 

Sec.  18.  Be  it  further  enacted.  That  the 
Mdiarf  and  Harbor  Master  shall  faithfully  and 
promjDtly  collect,  and  pay  over  to  the  City  Treasurer 
at  the  expiration  of  each  month,  all  wharfage  and 
landing  dues  which  may  accrue  to  the  city.  He 
shall  keep  at  some  convenient  locality  a book  to  be 
known  as  “The  City  Landing  Register,”  on  which 
he  shall  enter  the  name  of  every  steamboat,  flat-boat, 
or  other  water  craft,  landing  at  the  city  wharf,  the 
date  of  its  arrival  and  departure,  and  the  amount 
of  tax  collected,  and  the  names  of  the  owners  of 
all  said  water-crafts  except  steamboats,  which  book 
shall  always  be  open  to  inspection.  He  shall  re- 
ceive a commission  of  ten  per  cent,  upon  his  col- 
lections, to  be  allowed  by  the  Board  of  Mayor  and 
Aldermen. 

Sec.  19.  Be  it  further  enacted.  That  the 
Board  shall  provide  by  ordinance  for  the  regis- 
tration of  voters. 

Sec.  20.  Be  it  further  enacted.  That  the  City 
Sexton  shall  have  the  supervision  and  control  of  the 


31 


city  cemetery  under  the  directions  and  orders  of 
the  Board  of  Mayor  and  Aldermen.  He  shall  bury 
all  paupers  at  the  expense  of  the  city  at  such  times 
and  |:)laces  as  the  Board  may  fix,  and  shall  see  that 
lall  city  ordinances  for  the  regulation  and  preserva- 
tion of  the  city  cemetery  are  carried  into  effect. 
He  shal.l  receive  no  salary  from  the  city. 

Sec.  21.  Be  it  further  enacted,  That  the  City 
^larket  Master  shall,  under  the  direction  of  the 
Board  of  Mayor  and  Aldermen,  have  the  supervision 
and  regulation  of  the  City  Market-house,  with  au- 
thority to  maintain  order  and  quiet  during  market 
hours  by  arresting  all  disorderly  persons.  He  shall 
collect  all  market  dues  to  the  city,  and  pay  the 
same  over  to  the  City  Treasurer  at  the  expiration 
of  each  month.  He  shall  keep  the  public  market 
house  in  a clean  and  orderly  condition,  and  shall 
receive  a salary  of  not  more  than  $-10  i:»er  month, 
to  be  allowed  by  the  Board. 

Sec.  22.  Be  it  further  enacted.  That  the  City 
Physician,  who  shall  be  a regular  graduate  of  a 
medical  college,  shall  be  the  Health  Officer  of  the 
city,  and  shall  be  the  physician  of  the  work-house 
and  city  hospital,  and  shall  perform  all  duties  which 
may  be  required  of  him,  by  the  Mayor  and  Aider- 
men,  for  the  preservation  of  the  health  of  the  city, 
and  to  secure  its  proper  sanitary  condition.  He 
shall  receive  a salary  to  be  fixed  by  the  Board  of 
IMayor  and  Aldermen,  not  to  exceed  seventy-five 
dollars  per  month,  to  be  allowed  monthly  by  the 
Board. 

Sec.  23.  Be  it  further  enacted.  That  there 
shall  be  two  regular  meetings  of  the  Board  of 
Mayor  and  Aldermen  in  each  month,  to  be  held  on 
the  first  and  third  Mondays  of  the  month.  Five 
Aldermen  shall  constitute  a quorum  for  business. 
The  Mayor  or  any  five  of  the  Aldermen  may  call 
a special  meeting  of  the  Board,  at  any  time,  and 
any  regular  or  special  meeting  may  be  adjourned 
from  time  to  time  by  the  Board.  The  ^layor  shall 
appoint  all  regular  or  special  committeas  of  the 
Board;  but  no  committee  shall  be  vested  with 
plenary  power  over  any  subject  that  may  be  sub- 
mitted to  it,  but  all  matter  so  referred  shall  be  re- 
i:)orted  back  to  the  Board  for  confirmation  or  final 
action.  The  Aldermen  to  be  elected  hereafter  shall 
receive  five  dollars  for  each  regular  meeting  actually 


Market  Master, 
his  duties 


City  Physician  , 
his  duties 


Regular  meet- 
ings of  Board 
and  quorum 


Special  meet- 
ings 


32 


Pay  of  aider- 
men 


Duty  of  city  of- 
ficers 


Removal  of 
officers 


Contracts  over 
$500.00,  how 
^made 


Indemnity 
Bonds  of  con- 
tracts 


attended,  Avlien  present  at  roll  call  and  shall  be  ex- 
empt from  all  jury  service  during  their  terms  of 
office. 

Sec.  24.  Be  it  further  enacted,  That  every 
city  officer  shall  make  a monthly  report  to  the 
Board  of  Mayor  and  Aldermen  of  all  money  that 
may  have  come  to  his  hands  by  Aurtue  of  his  office, 
Avithin  the  month  reported  for.  They  shall  account 
to  the  Treasurer  and  Board  for  the  specific  money 
or  city  paper  receiA^ed  by  them  for  city  dues.  The 
Board  of  Mayor  and  Aldermen  may  at  any  time 
remove  from  office  any  city  officer  appointed  or 
elected  by  them,  and  fill  the  vacancy;  and  said 
Board  may  remoA^e  from  office  any  city  officer,  elect- 
ed by  the  qualified  voters  of  the  city,  for  incompe- 
tency or  neglect  to  perform  the  duties  of  his  office : 
Provided  a resolution  to  that  effect,  specifying  the 
cause  of  removal,  be  introduced  at  a meeting  of 
the  Board,  and  laid  over  for  consideration  at  the 
next  ensuing  regular  meeting,  at  AAdiich  time  the 
officer  AAdiose  removal  is  sought,  shall  be  heard  in 
his  defense.  A vote  of  six  Aldermen  shall  be  re- 
quired to  remove  an  officer  elected  by  the  people. 
The  duties  of  all  officers,  Avhether  elected  by  the  peo- 
jAle  or  by  the  Board,,  not  specified  by  this  charter, 
may  be  prescribed  by  ordinance,  not  contrary  to 

hlAV. 

Sec.  25.  Be  it  further  enacted,  That  the 
Board  of  Mayor  and  Aldermen  shall  not  make  any 
contract  involving  an  expenditure  of  corporation 
funds,  relating  to  Avork  on  public  streets,  or  the 
erection,  extension  or  repair  of  public  buildings, 
Avhere  the  cost  of  the  proposed  AAmrk  shall  exceed 
five  hundred  dollars, or  for  materials  to  be  furnished 
exceeding  Tavo  Hundred  Dollars  in  value,  except  in 
the  folloAving  manner:  Upon  the  direction  of  the 

Board  the  Mayor  shall  advertise  for  sealed  proposals 
to  do  the  contemplated  Avork,  for  ten  days  in  a neAvs- 
paper  published  in  the  city.  At  the  first  meeting  of 
the  Board  after  such  publication  the  Mayor  shall 
open  and  lay  before  the  Board  all  proposals  receiv- 
ed by  him,  and  the  Board  shall  accept  the  loAvest 
and  best  bid,  or  they  may  reject  all  bids  made,  and 
direct  publication  to  be  made  for  other  proposals. 
No  proposal  shall  be  considered  unless  accompan- 
ied by  the  names  of  the  surety  or  sureties  proposed 
to  be  given  by  the  bidder  upon  his  bond  for  the 


33 


faithful  execution  of  the  contract  if  awarded  to 
him;  and  in  all  (uises  ot  contracts  under  this  pro- 
vision, bond  and  security  in  a sum  sufficient  to  in- 
demnify the  city  shall  be  required  of  the  contractor. 

Sec.  2G.  Be  it  further  enacted,  That  the  pow- 
er of  contracting  so  as  to  bind  the  corporation  is 
hereby  declared  to  be  vested  exclusively  in  the 
Board  of  Mayor  and  Aldermen,  and  any  city  officer 
who  attempts  to  impose  any  liability  u])on  the  cor- 
poration, by  any  act  of  his,  without  first  obtaining 
the  authority  of  said  Board,  shall  be  liable  to  re- 
moval from  office  in  the  manner  provided  by  this 
charter,  and  the  city  shall  not  be  liable  for  any 
such  claim  or  demand. 

Sec.  2T.  Be  it  further  enacted.  That  the 
Board  of  Ma^mr  and  Aldermen  may,  at  any  regular 
or  special  meeting,  order  the  payment  out  of  the 
City  Treasury,  of  any  claim  or  demand  against  the 
city,  authorized  by  them,  and  the  consideration 
whereof  was  to  the  use  of  the  corporation ; and  the 
appropriation  of  i:>ublic  funds  shall  not  be  made 
to  any  private  use  or  advantage,  as  distinguished 
from  the  interest  of  the  corporation,  except  by  a 
vote  of  six  Aldermen,  and  then  in  no  sum  exceeding 
five  hundred  dollars. 

Sec.  28.  Be  it  further  enacted.  That  the  fol- 
lowing additional  powers  may  be  exercised  by  the 
Board  of  Mayor  and  Aldermen,  by  ordinances  and 
resolutions  adopted  at  any  regular  or  special  meet- 
ing: 

Article  I.  To  adopt  such  regulations  and  en- 
force the  same,  as  to  prevent  the  introduction  or 
spread  of  any  contagious,  epidemic  or  infectious 
disease,  and  if  necessary  to  this  end,  to  establish 
quarantine  regulations,  and  enforce  the  same  within 
ten  miles  of  the  city. 

Art.  2.  To  levy  and  collect  for  corporation 
purposes,  a privilege  tax  uj^on  every  business,  trade, 
calling,  employment  or  occupation,  which  they  may 
designate,  and  to  fix  the  amount  of  such  tax,  at  their 
discretion;  and  to  issue  licenses  therefor,  for  such 
time  not  exceeding  one  year,  as  they  may  determine, 
and  to  establish  regulations  governing  their  con- 
duct, and  enforce  the  same  by  proper  penalties. 


Power  to  Con- 
tract exclus- 
ively ill 
Board 


Appropriation 
of  funds 


Additional 
powers  of 
Board  of 
Mayor  and 
Aldermen 


Quarantine 


Privilege  taxes 


3-City 


34 


Boats,  cars,  etc. 


Transient 

vendors 


Hacks,  car- 
riages, etc. 


Shows  and 
circuses 


Gambling 

Houses 


Vagrants 


Workhouse 

regulations 


Art.  3.  To  levy  and  collect  for  like  purposes, 
a j^rivilege  tax  on  lall  trading  cars,  trading  boats, 
flat-boats  etc.,  with  merchandise,  produce,  or  other 
goods  or  wares  for  sale  brought  to  the  City. 

Art.  4.  To  levy  and  collect  from  transient 
vendors  and  traders  an  ad  valorem  tax  of  one  per 
cent,  on  the  amount  of  all  sales  made  in  the  city, 
to  be  collected  according  <to  the  method  prescribed 
for  State  officers  in  Sections  580  to  584  inclusive  of 
the  Revised  Code  of  1880,  and  all  the  provisions 
whereof  shall  apply,  as  far  as  applicable,  for  the 
benefit  of  the  city. 

(See  Code  of  1906.)  Overton  v.  Vicksburg  70 
Miss.,  558. 

Art.  5.  To  license,  tax  and  regulate  all  hacks, 
carriages,  omnibuses,  carts,  wagons,  drays,  and 
other  vehicles  employed  within  the  corporate  limits, 
and  prescribe  the  rates  to  be  paid  by  the  public  for 
the  use  of  the  public  vehicles  within  the  city,  and 
to  the  national  and  city  cemeteries,  and  to  and  from 
the  public  landings  and  depots,  whether  within  or 
without  the  city,  and  to  regulate  the  locality  of  the 
public  stands  for  such  vehicles. 

Art.  G.  To  license,  tax  and  regulate  all  the- 
atrical, circus  or  other  exhibitions,  shows  and  amuse- 
ments within  the  city,  and  close  up,  sujDpress  or 
abate  the  same  by  means  of  the  police  force,  when- 
ever, in  the  judgment  of  the  board  the  morals  or 
the  interests  of  the  city  demand  it. 

Art.  T.  To  prohibit,  suppress  or  regulate  all 
gaming  houses,  disorderly  houses,  dance  houses, 
houses  of  ill  fame  or  prostitution,  and  provide  for 
the  punishment  by  fine  or  imprisonment  of  all 
persons  engaged  in,  or  conducting  the  same,  and 
the  city  court  shall  employ  the  police  force  in  the 
most  efficient  Avay  to  bring  to  punishment  those 
violating  the  city  ordinances  adopted  for  the  sup- 
pression of  the  vices  above  mentioned. 

Art.  8.  To  restrain  and  punish  all  vagrants, 
mendicants  and  street  beggars,  and  to  declare  and 
define  who  are  such ; and  to  prevent  the  introduc- 
tion into  the  city  of  paupers  and  peisons  liable  to 
become  public  charges,  and  to  provide  for  the  re- 
moval of  such. 

Art.  9.  (As  amended  by  ordinance  of  April 
3rd.  190G.)  To  establish  and  regulate  a workhouse 
in  the  City  for  the  confinement  of  all  persons  sen- 
tenced to  imprisonment  by  the  City  Court,  and  all 


persons  held  under  arrest  for  trial  for  offenses 
within  the  jurisdiction  of  the  City  Court.  But  all 
persons  arrested  by  the  officers  of  said  Cit}^  charged 
with  felony  shall  be  received  and  hej^t  in  the  jail  of 
AVarren  Count}"  on  a mittimus  signed  by  the  Mayor, 
City  Clerk,  or  Assistant  Clerk,  "to  be  kept  in  like 
manner  and  subject  to  the  same  rules  and  regula- 
tions as  if  such  commitment  had  been  made  h\  a 
Justice  of  the  Peace  of  said  County. 

Or  the  Board  of  iNIayor  and  Aldermen  may 
dispense  with  the  workhouse  altogether  and  may 
sell  or  rent  the  same,  and  the  City  prisoners  may 
be  confined  in  the  County  jail  of  Warren  County  ; 
and  the  Board  of  Mayor  and  xVldermen  are  author- 
ized and  empoAvered  to  contract  with  the  proper 
2>arties  for  the  confinement,  safe-keej^ing  and  suste- 
nance of  the  City  imisoners  in  the  County  jail  of 
Warren  County,  at  a rate  not  exceeding  40  cents 
2:>er  head  j)er  day,  and  turnkey’s  fees;  or  the  said 
Board  may  haA^e  them  fed  by  some  [person  a2:>2:)ointed 
for  that  2)ur2:>ose,  at  the  cost  and  charges  of  the 
City.  Good  and  sufficient  food  shall  be  2:>rovided 
for  them. 

If  any  person  shall  be  convicted  and  fined  by 
the  City  Court  and  shall  not  immediately  pay  such 
fine  such  joerson  shall  fortliAvith  be  committed  to 
the  custody  of  the  City  ^Marshal  for  confinement 
in  the  City  Avorkhouse  or  in  the  County  jail  of  AVar- 
ren  County. 

Persons  confined  in  the  Avorkhouse  or  in  the 
County  jail  for  the  non-2>ayment  of  fines  assessed 
against  them  for  a Auolation  of  the  city  ordinances 
may  be  made  to  labor  upon  the  streets  or  other  joub- 
lic  Avorks  of  the  City  of  A'icksburg,  and  the  Board 
of  Mayor  and  Aldermen  are  hereby  authorized  and 
em2:>OAvered  to  hire  out  the  ]:>ersons  convicted  in 
the  City  Court  in  the  same  manner  that  the  Boards 
of  Su2:>ervisors  are  authorized  to  do,  for  the  |:>ay- 
ment  of  fines  or  for  the  i:)eriod  of  their  imprison- 
ment, i:>rovided  they  shall  not  be  taken  out  ot  the 
County  of  AVarren. 

Be  it  further  ordained  that  all  parts  of  the 
City  Charter  of  the  City  of  A'icksburg,  and  all  or- 
dinances and  ])arts  of  ordinances  of  said  City  lu 
conflict  Avith  this  ordinance  and  amendment  shall 
be  repealed,  and  this  ordinance  and  amendment  shall 
take  effect  and  become  a j)art  of  the  Charter  of  the 


May  board 
prisoners  in 
County  Jail 


36 


Abate 

nuisances 


Prevent 
cattle,  etc., 
from  run- 
ning at 
large 


City  Cemetery 


Building  side- 
walks and 
gutters 


City  of  Vicksburg  when  approved  by  the  Governor 
of  Mississippi  and  recorded  in  the  office  of  the  Sec- 
retary of  State. 

Art.  10.  To  prevent  and  abate  nuisances,  and 
to  prevent  or  regulate  slaughter-houses,  hide  houses 
and  soap  factories,  within  the  city,  or  the  exercise 
of  any  dangerous,  offensive  or  unhealthy  business, 
trade,  occupation  or  employment  therein. 

Art.  11.  To  regulate  or  restrain  the  running 
at  large  of  cattle,^  l^ogs,  and  other  animals,  and  to 
impound  and  subject  the  same  to  such  forfeitures, 
confiscations,  regulations  and  taxes  as  may  seem 
proper ; and  they  may  prohibit  the  raising  or  keep- 
ing of  hogs  in  the  city  and  prescribe  a penalty 
therefor. 

Art.  12.  To  provide  for  the  prevention  and 
punishment  of  all  misdemeanors. 


The  Board  of  Mayor  and  Aldermen  may  adopt  ordi- 
nances declaring  all  acts  punishable  under  the  laws  of  the 
state , when  committed  within  the  corporate  limits,  offenses 
against  the  city  and  provide  for  their  punishment.  Laws 
98,  page  91. 

Conviction  before  the  Mayor  of  a town  under  an  ordi- 
nance against  gaming  is  not  a bar  to  subsequent  indictment 
under  the  state  law  for  the  act  for  which  he  was  convicted. 
Johnson  v.  State  59  M.  543. 

The  court  will  not  take  judicial  notice  of  town  ordi- 
nances. Hence  in  the  prosecution  for  a violation  of  an  al- 
leged ordinance  a conviction  will  not  be  sustained  if  the 
evidence  fails  to  show  its  existence.  Naul  v.  McComb  City 
70  Miss.,  699. 

Art.  13.  To  provide  for  the  government,  ar- 
rangement and  repairing  of  the  city  cemetery,  and 
the  sale  of  lots  therein,  and  to  make  such  substantial 
and  ornamental  improvements  and  additions  as  they 
may  deem  best,  and  all  revenue  derived  from  the 
city  cemetery  shall  be  applied  to  the  improvement 
of  same,  and  of  the  streets  or  roads  leading  thereto. 

Art.  14.  (As  amended  by  ordinance  of  April 
3,  1906.)  To  provide  for  the  building,  renewing  or 
repairing  of  all  sidew^alks  and  gutters  with  stone, 
brick  or  wood,  at  the  expense  of  the  property  upon 
which  the  same  may  front,  properly  apportioned, 
and  on  the  neglect,  failure  or  refusal  of  the  property 
owner  to  build,  renew  or  repair  the  sidewalks  and 
gutters  fronting  on  his  property,  within  such  time 
and  in  such  manner  as  may  be  prescribed  by  the 


o < 


Board  of  Mayor  and  Aldermen,  to  provide  for  hav- 
ing the  same  done,  at  the  expense  of  the  city,  by  the 
City  Marshal  or  some  other  person,  to  be  ai)pointed 
for  that  purpose,  and  the  City  ^Marshal  or  other 
person  having  such  work  done  shall  report  in  writ- 
ing to  the  assessor  and  collector  tne  cost  lo  tiie 
cit}"  of  such  work  upon  the  front  of  each  lot  or 
j)art  of  lot  of  each  owner,  and  the  assessor  and  col- 
lector shall  assess  the  same  upon  said  proj^erty,  witli 
twent}^-five  per  cent  damages  with  the  next  accruing 
city  taxes,  to  be  collected  thereon,  and  collect  the 
same  with  said  taxes  in  the  same  mode  as  provided 
for  the  collection  of  taxes  on  real  estate;  or  the 
said  cost  and  damages  may  be  recovered  of  the 
property  owner  by  the  city  in  any  court  of  com])c- 
te'nt  jurisdiction.  Such  cost  and  damages  shall  be 
a lien  upon  the  pro^Derty  to  which  the  same  are 
chargeable.  Before  any  person  shall  be  required  to 
lay  a new  sidewalk  the  city  shall  establish  the 
proper  grades  of  such  work.  But  the  owner  of  a 
lot  or  part  of  a lot  fronting  or  abutting  the  side- 
walk and  gutter  so  built,  renewed  or  repaired,  may 
pay  one-fifth  of  the  cost  of  building,  renewing  or 
repairing  such  sidewalk  and  gutter  in  cash,  and 
shall  thereupon  be  entitled  to  an  extension  of  the 
balance,  payable  in  equal  installments  in  one,  two, 
three  and  four  years,  with  interest  at  the  rate  of  not 
exceeding  eight  per  cent  per  annum,  provided  such 
owner  will  execute  his  promissory  notes  for  each  of 
said  installments,  payable  as  aforesaid  to  the  Board 
of  Mayor  and  Aldermen  of  the  City  of  Vicksburg 
with  interest  aforesaid,  and  deliver  the  same  to  the 
city  treasurer  for  the  use  of  the  City  of  Vicksburg. 
Said  installment  notes  shall  be  assessed  by  the  as- 
sessor and  collector  against  the  property  of  the 
maker,  fronting  or  abutting  upon  the  sidewalk  so 
built,  renewed  or  repaired,  and  shall  constitute  a 
first  lien  thereon  until  paid.  In  default  of  the  pay- 
ment of  any  of  said  installment  notes  at  maturity, 
the  assessor  and  collector  of  taxes  shall  add  *25  ])er 
cent  damages  thereto,  and  shall  collect  the  same  with 
the  taxes  next  accruing  on  such  lot  or  part  of  lot, 
and  with  the  same  remedies.  The  I>oard  of  Mayor 
and  Aldermen  shall  have  the  power  to  contract 
with  some  one  by  the  year  to  build,  renew  and  re- 
pair sidewalks  and  gutters. 

Nugent  V.  Jackpon,  f2  M.  1040. 

Macon  v.  Patty  57  M.  378. 


How  to  be 
paid  for 


38 


To  provide  for 
the  protec- 
tion of  side- 
walks 


Destruction 
of  dogs 


Rights  of  way 
to  railroad 
companies 


Hold  real 
estate 


Build  market 
houses 


Wharves 


> 


Art.  15.  To  establish  all  necessary  regulations 
for  the  protection  of  sidewalks,  gutters  and  streets 
from  injury  by  improper  use,  and  from  being  in  any 
way  impeded  to  the  public  use;  and  tvlien  any  street 
or  public  alley  in  said  city  has  been  or  shall  be  en- 
croached upon  by  any  fence,  building  or  otherwise, 
the  Board  of  Mayor  and  Aldermen,  may  require  the 
owner  or  owners  of  the  premises,  if  known,  and  if 
not  known  the  occupant  or  occupants  of  the  premises 
so  encroaching  to  remoye  the  same ; and  if  such  re- 
moyal  shall  not  be  made  within  the  time  ordered  by 
the  Board,  a fine  of  fiye  dollars  may  be  imj)osed  by 
tlie  city  court  for  eMcli  and  every  day  that  it  is 
allowed  to  continue  thereafter,  and  the  Board  may 
cause  the  encroachments  to  be  removed,  and  collect 
from  the  owner,  or  person  making  the  same,  all 
reasonable  charges  therefor,  with  costs,  either  by 
suit,  or  by  seizure  and  sale  of  personal  property,  as 
provided  for  the  collection  of  delinquent  taxes; 
and  no  encroachment  upon  any  street  or  public  alley, 
however  long  continued,  shall  constitute  an  adverse 
possession  thereof,  or  confer  any  rights  upon  the 
person  claiming  thereunder  as  against  the  city. 

Art.  16.  To  provide  for  the  confinement  or 
destruction  of  all  dogs  running  at  large  in  the  city, 
and  for  taxing  and  for  muzzling  the  same. 

Julienne  v.  Jackson  69  M.  34. 

Art.  17.  To  grant  rights  of  way  to  railroad 
companies  for  the  construction  of  railways  upon  the 
streets  and  through  and  over  the  public  property  of 
the  city,  and  to  regulate  the  running  of  cars  thereon, 
in  such  manner  as  to  prevent  accidents  to  life  and 
property,  and  to  promote  the  security,  comfort  and 
conveyance  of  the  inhabitants. 

Art.  18.  To  purchase  and  hold  real  estate  for 
public  purposes. 

Art.  19.  To  erect  market  houses  and  regulate 
the  same,  and  to  prohibit  or  regulate  the  sale  at 
other  places  during  market  hours  of  the  same  kinds 
of  articles  which  are  exhibited  for  sale  at  sucli 
markets. 

Art.  20.  (As  amended  by  ordinance  June  16, 
1903,  O.  B.  406.)  To  erect,  repair  and  regulate  pub- 
lic wharves  and  docks  and  fix  the  rates  of  wharfage 
thereat,  and  to  regulate,  the  stationing  and  anchor- 
ing or  mooring  of  vessels  or  other  water  crafts. 


39 


within  the  City  limits;  .to  fix  and  regulate  the 
])rices  to  be  charged  to  consumers  for  the  use  of 
water,  gas,  electricity,  and  other  similar  public  ne- 
cessities; to  prescribe  and  enforce  reasonable  regu- 
lations governing  the  su])ply  to  consumers  of  such 
Avater,  gas,  electricity  and  other  similar  public  ne- 
cessities, and  to  pass  and  enforce  all  ordinances 
proper  or  necessary  to  secure  the  observance  by  per- 
sons or  corporations  holding  contracts  with  or  fran- 
chises granted  by  fhe  City  of  Vicksimrg  of  the 
terms  and  conditions  of  the  said  contracts  or  fran- 
chises. 

Art.  21.  To  jirovide  for  the  preA^ention  and 
extinction  of  fires;  to  regulate  or  prohibit  the  erec- 
-tion  of  Avooden  buildings  in  any  ])art  of  the  city;  to 
regulate  the  carrying  on  of  manufactories  dangerous 
in  causing  or  producing  fires ; to  authorize  the  Vicks- 
burg Firemen's  xVssociation  to  organize  and  main- 
tain fire  companies,  and  to  contract  with  said  asso- 
ciation for  the  proper  carrying  on  of  the  Fire  De- 
partment. (Ordinance  May  1,  1900  amending.) 

Art.  22.  To  regulate  the  storage  of  gunpoAV- 
der,  and  all  other  combustible  material,  and  the 
use  of  lights  and  candles  and  stoA^e  pipes  in  stables, 
shops  and  other  places. 

».Art.  23.  To  regulate  the  speed  of  horses  and 
Aphides  in  the  city,  so  as  to  secure  the  safety  of 
the  iDeople. 

Art.  2d.  To  compel  the  owners  of  lots  Avithin 
the  city  to  construct  sufficient  and  effecti\^e  drainage 
from  the  same  to  public  sewers  or  gutters,  so  as 
to  i^revent  damage  to  adjacent  property,  or  injury 
to  public  health. 

Art.  25.  (As  amended  by  ordinance  of  April 
3',  1906.  O B.  page  490.)  To  cause  or  ])rocure 
any  street  or  alley  in  said  City  to  be  paA'ed  or  turn- 
piked  or  graA^elled  at  the  cost  and  expense  of  the  lots 
or  parts  of  lots  fronting  the  same,  to  be  a])])ortioned 
thereon  according  to  their  numl)er  of  lineal  feet 
fronting  on  such  street  or  alley  or  the  part  thereof 
to  be  so  improA^ed.  Upon  a ])etition,  in  Avriting  of 
a majority  of  the  OAvners  of  the  greater  number  of 
lots  or  parts  of  lots,  or  of  the  oAvners  of  the  greater 
number  of  lots,  or  of  the  owmers  of  the  greater 
num1>er  of  lineal  feet  fronting  on  the  street  or  alley, 
or  the  part  of  the  street  or  alleey,  or  that  ]>art  of 
the  street  or  alley  proposed  to  be  so  imj)roAX‘d,  the 


Fire  Depart- 
ment 


Storage  of 
gunpoAvder 


Speed  of  horses 


Drainage 


To  pave  and 
gravel  streets 


40 


Board  of  Mayor  and  Aldermen  may  pave,  turn-pike 
or  gravel  such  street  or  alley,  or  part  of  such  street, 
or  alley,  or  may  contract  for  thepaving,  turn-piking 
or  gravelling  of  such  street  or  alley  or  part  of  such 
street  or  alley,  after  giving  such  notice  as  the  Board 
may  prescribe  to  the  owners  of  the  lots  or  parts  of 
lots  fronting  or  abutting  on  such  street  or  alley  pro- 
posed to  be  so  improved,  who  have  not  signed  the 
petition  for  the  improvement;  and  may  provide  in 
the  contract  for  the  payment  of  such  improvements 
in  cash  or  partly  in  cash  and  partly  on  a credit, 
in  equal  installments,  in  one,  two,  three  and  four 
years,  or  any  less  number  of  years,  at  a rate  of 
interest  not  exceeding  G per  cent  per  annum.  And 
the  Board  of  Mayor  and  Aldermen  of  the  City  of 
Vicksburg  shall  have  the  power  to  issue  notes, 
bonds,  loan  warrants  or  other  obligations  in  payment 
of  the  deferred  installments.  The  cost  of  grading 
such  work  and  the  paving,  turn-piking  or  gravel- 
ling of  the  street  intersections,  together  with  one- 
third  of  the  cost  of  the  remainder  of  the  work,  shall 
be  borne  bv  the  City  of  Vicksburg  and  be  paid  out  of 
the  City  Treasury,  and  the  remaining  two-thirds 
of  the  cost  of  the  work  and  improvement  shall  be 
borne  by  the  owners  of  the  lots  or  parts  of  lots 
fronting  thereon  as  above  directed.  Upon  the  com- 
pletion of  the  work  should  the  owner  of  any  lot  or 
part  of  lot  subject  to  assessment  for  the  cost  of 
such  improvement  fail  or  refuse  to  pay  or  to  secure 
tlie  payment  of  what  is  due  thereon  as  herein  provid- 
ed, it  shall  be  the  duty  of  the  Assessor  and  Collector 
of  taxes  to  cause  the  amount,  with  25  per  cent  dam- 
ages to  be  assessed  against  the  property  with  tlie 
next  accruing  taxes,  and  collect  the  same  with  said 
taxes  as  a part  thereof  and  with  the  same  remedies; 
and  the  amount  due  by  each  owner  of  a lot  under 
such  assessment,  shall  a lien  on  such  lot  or  part 
of  lot,  and  besides  the  aforesaid  remedies,  the  col- 
lection thereof  may  be  enforced  l)y  proper  proceed- 
ings in  any  Court  having  jurisdiction  thereof. 

The  City  Treasury  shall  collect  from  the  several 
property  owners  their  proportion  of  the  cost  of  such 
improvement  and  shall  hold  the  same  subject  to  the 
terms  of  the  contract.  But  any  owner  of  a lot  or 
part  of  a lot  fronting  or  abutting  on  a street  or 
alley  or  a part  of  a street  or  alley  so  im]u*oved  may 
when  the  block  in  which  his  lot  is  situated  has  been 
paved,  turn-piked  or  gravelled  and  thrown  open  to 


41 


traffic,  i^ay  one-fifth  of  his  share  of  such  improve- 
ment in  cash,  and  t^hall  thereupon  he  entitled  to 
credit  for  the  balance,  payable  in  equal  installmeuts 
in  one.  two.  three  and  four  years  with  interest  at  the 
rate  not  exceeding  8 per  cent  per  annum,  provided 
such  owner  shall  execute  his  promissory  notes  for 
the  deferred  installments,  payable  as  aforesaid,  and 
deliver  the  same  to  the  City  Treasury  for  the  use  of 
tiie  City  of  ^ icksbnrg;  and  said  installment  notes 
shall  be  assessed  by  the  Assessor  and  Collector, 
against  the  makers. lot  or  part  of  lot  fronting  or 
abutting  on  the  street  or  alley  so  improved,  and 
shall  constitute  a first  lien  thereon  and  bind  such 
lots  until  paid.  Should  the  maker  of  any  of  said 
installment  notes  fail  to  pay  the  same  when  due. 
it  shall  be  tlie  duty  of  the  Assessor  and  Collector 
to  add  25  per  cent  damages  to  such  note  and  to 
collect  the  same  with  tlie  next  accruing  taxes  as  a 
part  thereof  and  with  the  same  remedies. 

The  Board  of  Mayor  and  Aldermen  shall  have 
the  i>ower  to  borrow  money  from  time  to  time  to 
make  such  improvements,  and  to  secure  the  payment 
of  the  same  by  its  notes,  bonds,  loan  warrants  or 
other  obligations,  and  the  power  of  -the  Board  of 
!Mayor  and  Aldermen  to  borrow  money  to  pave  and 
improve  the  streets  shall  be  in  addition  to  its  power 
to  borrow  money  for  other  purposes. 

Art.  26.  To  close  or  vacate  streets  when  they 
deem  it  proj>er,  and  to  lay  out,  establish,  alter,  ex- 
tend and  control  the  grade  of  all  needful  streets, 
highways,  roads  and  alleys  within  the  limits  of  the 
corporation,  and  if  the  Board  of  flavor  and  Aider- 
men  shall  be  unable  to  purchase  the  necessary 
grounds  and  property  therefor,  by  private  contract 
with  the  owner  or  owners  thereof,  at  a reasonable 
and  fair  valuation  to  be  fixed  by  the  Board,  the 
said  Board  shall  petition  a Judge  of  the  Circuit 
Court  of  AVarren  county,  setting  forth  tlie  facts  of 
the  case,  and  thereupon,  the  said  Judge  shall,  by 
an  order  of  the  clerk  of  said  court,  require  the  said 
clerk  to  issue  a writ  of  nd  qvod  damnum,  directed 
to  the  Sheriff  of  said  county,  commanding  him  to 
summon  a jury  of  twelve  disinterested  freeholders, 
citizens,  and  tax  payers  of  said  city,  to  go  upon  the 
grounds  sought  to  be  acquired,  and  assess  the  value 
thereof.  The  owner  or  owners  of  said  property : or 
their  duly  constituted  agents  or  representatives, 
shall  be  served  with  notice  of  the  time  and  place  of 


Power  to  close 
streets  and 
lay  out  new 
ones 


42 


the  meeting  of  the  jury,  at  least  five  days  previous 
thereto.  Before  entering  upon  the  discharge  of  their 
duty  the  jury  shall  be  sworn  by  the  Sheriff  or  other 
officer  authorized  to  administer  oaths,  well  and  truly 
to  assess  the  value  of  the  property  in  question  and 
a true  verdict  to  render  upon  such  testimony  as  may 
be  adduced  before  them,  and  their  view  of  the 
premises.  The  jury,  upon  hearing  the  sworn  testi- 
mony and  viewing  the  premises,  shall  assess  the 
value  of  the  property  and  the  amount  to  be  paid  to 
the  several  owners  thereof,  if  ’there  be  more  than 
one,  and  return  their  verdict  in  writing  to  the 
Sheriff,  who  shall  immediately  declare  the  same  to 
the  parties  to  the  proceeding,  and  the  Board  of 
Mayor  and  Aldermen,  upon  paying  to  the  owners  of 
said  property,  or  their  agents  or  representatives,  the 
sum  so  assessed  by  the  jury,  or  upon  tendering  the 
same  within  five  days  after  the  verdict  of  the  jury, 
shall  become  invested  with  all  the  right,  title  and 
interest  of  the  owner,  or  owners  of  said  property  in 
or  to  the  same,  for  the  purpose  for  which  it  was 
condemned,  and  the  owner  or  owners  snail  be  for- 
ever barred  of  any  right  or  interest  in  or  to  saia 
property.  But  within  five  days  after  said  verdict^ 
either  the  Board  or  the  owner  or  owners  may  ap- 
peal from  said  decision  to  the  next  term  of  tlie 
Circuit  Court  of  said  county,  either  party  com- 
plaining upon  entering  into  bond  to  be  approved 
by  the  Sheriff*  in  the  penalty  of  |50.00  conditioned 
for  the  payment  of  costs  in  the  event  the  amount 
shall  be  increased  in  the  one  case,  or  diminished 
in  the  other,  and  said  Sheriff  shall  thereupon 
give  notice  to  the  other  party,  which  notice 
shall  suspend  all  further  proceedings  until  the 
next  term  of  said  court,  when  the  issue  as  to  the 
value  of  said  property  shall  be  tried  de  novo^  in  said 
court,  before  a jury  at  the  first  term.  The  verdict 
of  the  second  jury,  if  had,  shall  be  final  and  con- 
clusive upon  tile  parties.  The  Sheriff  shall  return 
to  the  clerk  of  said  court  all  papers  that  come  to 
his  hands  in  these  proceedings,  with  his  own  ac- 
tions in  the  premises,  to  be  filed  by  said  clerk  with 
the  petition,  and  when  concluded  said  clerk  shall 
make  a final  record  of  the  same. 

In  each  case  of  a writ  ad  quod  damnum,  where 
no  appeal  is  taken,  as  soon  as  the  final  record  is  com- 
pleted, the  clerk  shall  receive  for  his  services  $5, 


43 


the  slieritf  $3.  the  officer  swearing-  the  jury  and 
witness  $2.50,  and  each  juror  $1,  to  be  paid  by  the 
Board  of  Mayor  and  Aldermen. 

Herman  v.  VicUt^biirg,  72  M 211. 

Art.  27.  To  provide  for  the  health,  peace, 
security  and  good  government,  convenience  and  gen- 
eral welfare  of  the  inhabitants  of  the  city.  (See 
Art.  1,  Sec.  28  supra.) 

Art.  28.  To  pass  all  ordinances  and  make  all 
lawful  orders  necessary  to  the  proper  execution  of 
the  powers  conferred  on  them  by  this  charter;  and 
all  ordinances  heretofore  adopted  by  said  Board  of 
^layor  and  Aldermen  which  would  have  been  au- 
thorized by  the  provisions  of  this  charter  are  hereby 
validated  and  legalized. 

Art.  29.  To  provide  for  the  lighting  of  said 
city  by  electric  lights,  or  other  methods. 

Under  the  Charter  of  the  City  of  Vicksburg  ( laws  1884 
p.  422,  as  amended  laws  1886  p.  694}  the  municipal  authori- 
ties had  power  to  make  a valid  contract  for  electric  lights, 
wdthout  advertising  for  bids  and  without  submitting  the 
matter  to  a popular  vote;  and  the  power  was  not  taken  away 
by  the  act  of  jVIarch  lOtli,  1888.  ( Laws  1888  p.  468}  Pteid  v. 

Trowbridge  78  Miss.  542. 

Ten  years  is  not  such  an  unreasonable  time  for  the  du- 
ration of  a contract  by  a city  for  electric  lights  as  to  render 
it  invalid. 

A city  is  not  forbidden  by  constitution  of  1890,  Sec.  183, 
prohibiting  municipalities  from  making  appropriations  or 
loaning  its  credit  to  a corporation  to  contract  with  a cor- 
poration for  electric  lights  for  its  streets.  Ib. 

The  objection  that  a contract  made  by  a city  confers  an 
exclusive  right  can  be  made  only  by  the  city  or  some  party 
making  application  for  privilges.  A tax-payer  cannot  make 
the  objection  because  of  a provision  in  the  contract  for  a 
special  levy  of  taxes  without  showing  that  it  is  in  excess  of 
charter  limitations.  Ib. 

Art.  30.  To  provide  for  the  erection  and 
maintenance  of  a Bystem  of  water  works  to  supply 
said  city  with  water,  and  to  that  end  to  contract 
with  a party  or  parties  wlio  shall  build  and  oper- 
ate water  works. 

Laws  1886  page  695.  Reed  v.  Vicksburg.  78  Miss. 
Under  the  franchise  granted  to  8.  H.  Bullock  & Co.,  the 
Supreme  Court  of  the  U.  S.,  held  that  the  city  was  pre- 
cluded from  building  or  owning  a water  works  plant 
of  its  own  during  the  life  of  the  franchise.  Mayor  and 
Aldermen  City  of  Vicksburg  v.  Water  Works  Co.  202  U.  S. 
p.  453. 

Section  20.  Be  it  further  enacted.  That  the 
Board  of  Mayor  and  Aldermen,  may  appropriate 
not  exceeding  three  thousand  dollars  per  annum  for 
the  support  and  maintenance  of  a public  hospital 


To  provide  for 
general  wel- 
fare 


Power  to  enact 
ordinances 


Hospital 


44 


Mode  of  assess- 
ing property 


in  said  city,  in  addition  to  any  sum  which  may  be 
appropriated  by  the  State  for  the  benefit  of  such 
hospital. 

Section  30.  (As  amended  by  ordinance  Feb. 
Tth.  1905.)  Be  it  further  enacted  that  all  assess- 
ments of  the  values  of  real  and  personal  porjDerty 
subject  to  taxation  in  the  City  shall  be  made  by  the 
City  Assessor  and  Collector,  by  application  to  the 
property  owner  for  a sworn  statement  of  the  values 
thereof  ; and  said  Assessor  and  Collector  is  hereby 
authorized  to  administer  oaths  for  that  purpose. 
Should  the  owner  of  any  property  be  not  found  on 
reasonable  inquiry  by  the  Assessor  and  Collector, 
he  shall  assess  the  property  at  a fair  valuation  and 
list  it  as  the  property  of  “Unknown  Owners.’’ 
Should  any  property  owner  render  valuation  of  his 
property  at  a sum  less  than  the  Assessor  believes  it 
to  be  worth,  he  shall  report  the  property,  owner  and 
assessment  as  given,  to  the  Board  of  Mayor  and  Al- 
dermen, at  a time  to  be  prescribed  by  them, 
with  his  statement  of  what  he  believes  to  be 
a reasonable  taxable  value  of  said  property.  The 
report  of  the  Assessor  and  Collector  shall  be  receiv- 
ed and  considered  by  the  Board  at  such  time  and 
upon  such  notice  to  the  owners  as  the  Board  may 
fix;  and  at  such  hearing  the  Board  shall  fix  the 
proper  value  of  such  property  for  assessment.  And 
should  any  property  holder  render  valuation  of  his 
property  at  a sum  less  than  the  Board  believes  it 
to  be  worth  ,the  Board  may,  of  its  own  motion  and 
without  any  statement  from  the  Assessor  and  Collec- 
tor as  to  what  he  believes  it  to  be  worth,  raise  the 
valuation  to  the  proper  amount,  upon  such  notice  to 
the  owners  of  the  property  as  the  Board  may  fix. 
The  Board  of  Mayor  and  Aldermen  shall  have  the 
the  power  of  finally  determiningthe  taxable  value  of 
all  property ; and  shall  also  have  the  power  to  equal- 
ize the  assessment,  and  may  increase  or  diminish  the 
values  of  any  property,  so  that  property  of  the  same 
value  shall  be  assessed  for  an  equal  sum.. 

Section  31.  Be  it  further  enacted.  That  all 
property  and  estate,  real,  personal  and  mixed,  in 
said  city,  such  as  lots  and  parts  of  lots  with  build- 
ings, and  improvements,  watches  and  jewelry,  gold 
and  silver  plate,  goods,  wares  and  merchandise, 
horses,  mules,  carriages,  carts,  drays,  and  other 


45 


vehicles,  stock  or  bonds,  not  exempt  by  law,  money 
on  hand,  on  deposit  or  at  interest,  alf  debts  due  to 
any  corporation,  firm  or  person  in  said  city,  from 
persons  corporations  or  firms  within  or  without  the 
same,  all  interests  in  corporations,  companies  or  co- 
partnerships, shares  in  national  banks,  beyond  the 
proportionate  value  of  the  capital  stock  in  United 
States  bonds,  all  interest  in  steamboats  and  other 
water  craft,  in  railway  cars  and  other  movable  prop- 
erty, and  all  kinds,  qualities  and  descriptions  of 
property  not  aboA^e  mentioned  within  the  City  of 
Vicksburg*,  shall  be  assessed  and  listed  for  taxation 
at  the  fair  and  full  Avorth  and  market  A^alue  of  the 
same : ProAuded,  lioweA^er,  That  the  folloAving  prop- 
erty, and  none  other,  shall  be  exempt  from  taxation : 
The  property  of  the  United  States,  of  this  State,  of 
AVarren  county,  of  said  city,  of  public  schools,  of 
seminaries  of  learning,  of  churches,  and  of  religious, 
beneA^olent,  literary  and  scientific  associations,  (And 
all  bills  or  notes  giA^en  in  whole  or  in  part  payment 
for  property  Avithin  said  city  subject  to  taxation) 
and  the  property  of  all  incorporated  companies  for 
the  prevention  of  fires,  as  far  as  the  same  is  used  for 
such  purposes,  and  not  for  rental,  profit  and  spec- 
ulation, together  with  two  hundred  and  fifty  dollars 
A^alue  of  household  furniture,  owned  by  the  head  of 
a family.  The  Board  of  Mayor  and  Aldermen  may 
exempt  from  taxation  for  a period  not  exceeding 
ten  years,  new  manufactories  and  enterprises  and 
stocks  therein. 

That  portion  of  the  above  section  enclosed  in  brackets 
has  been  declared  unconstitutional  by  Supreme  Court  Miss. 
83  Miss,  page  71. 

Section  32.  Be  it  further  enacted,  That  all  prop- 
erty of  railroads  situated  in  said  city  may  be  assess- 
ed and  taxed  as  the  property  of  indiAuduals  is,  and 
all  machinery,  and  other  personal  property  of  rail- 
road companies  remaining  in  said  city,  and  a pro- 
portionate A^alue  of  their  rolling  stock,  Avhich  shall 
be  ascertained  by  taking  the  proportion  which  the 
length  of  the  track  in  the  city  bears  to  the  length  of 
the  main  track  of  the  railroad  in  the  State,  may  be 
assessed  and  taxed  provided  the  property  of  no  rail- 
road companies  shall  be  taxed  by  said  Board  until 
the  expiration  of  any  exemption  accorded  to  such 
Company  by  the  law  of  the  State. 


Property  sub- 
ject to  taxa- 
tion 


Property  ex- 
empt 


Manner  of  tax- 
ing railroads 


46 


Annual  Assess- 
ments to  be 
made 


Ad  valorem 
tax  to  be 
levied 


Who  to  collect 
Taxes 


Commission  to 
Assessor 


State  laws  to 
apply 


Section  33.  Be  it  further  enacted,  That  the 
City  Assessor  and  Collector  shall  make  an  annual 
assessment  of  all  property  subject  to  taxation  for 
corporate  purposes,  under  the  provisions  of  this 
Charter,  said  assessment  to  conform  to  such  time 
and  method  as  may  be  prescribed  therefor  by  Or- 
dinance of  the  Board  of  Mayor  and  Aldermen. 

Section  34.  Be  it  further  enacted.  That,  the 
Board  of  Mayor  and  Aldermen,  ma}^  by  resolu- 
tion, levy  and  collect  an  “ad  valorem”  tax  annually, 
not  exceeding  tAvo  per  cent,  for  all  purposes  inclu- 
siA^e  of  the  amount  levied  for  school  purposes,  on  all 
property  subject  to  taxation;  and  said  taxes  shall 
be  due  and  payable  on  or  before  the  15th  day  of 
December  of  each  year.  Should  the  school  author- 
ities of  said  city  fail  to  levy  a tax  for  school  pur- 
poses in  any  one  year,  the  Board  of  Mayor  and  Al- 
dermen shall  levy  a school  tax  for  such  year  not 
exceeding  four  mills. 

Section  35.  Be  it  further  enacted,  That  the 
Assessor  and  Collector  shall  collect  all  taxes,  levied 
by  the  Board  and  pay  the  same  to  the  City  Treas- 
urer, at  the  expiration  of  each  month.  On  payment 
of  each  license  tax  he  shall  certify  to  the  City  Cler]?: 
the  name  of  the  person  paying  the  same,  the  amount 
thereof,  the  character  of  business  and  the  term  paid 
for,  and  the  Clerk  shall  thereu]3on  issue  to  such  per- 
son a license  under  the  seal  of  the  city,  in  accordance 
Avith  the  certificate.  The  Board  shall  provide  the 
Assessor  with  assessment  rolls,  tax  lists  and  receipts 
necessary  for  the  conduct  of  the  business  of  his  of- 
fice. The  Assessor  and  Collector  shall  preserve  in 
his  office  all  the  records  and  proceedings  had  therein, 
and  for  his  services  he  shall  receive  a commission 
of  one  and  one  half  per  cent  on  all  taxes  actually 
collected  by  him,  to  be  retained  by  him  monthly 
out  of  his  collections,  and  reported  to  the  Board  of 
Mayor  and  Aldermen,  and  to  be  approA^ed  by  the 
Board.  He  shall  not  be  permitted  to  retain  as  his 
commissions  more  than  the  amount  aboA^e  specified, 
from  any  one  class  or  kind  of  taxes  authorized  to 
be  collected.  The  Board  shall  i^rovide  an  office  for 
the  Assessor  imd  Collector,  and  furnish  the  same 
as  they  may  deem  proper. 

Section  36.  Be  it  further  enacted.  That  all  the 
laAvs  of  the  State  Avith  reference  to  the  lien  of 
taxes  due  to  the  State  and  county,  shall  apply  as 


47 


far  as  ajji^licable  to  city  taxes,  and  fix  the  lien 
thereof,  and  assessments  made  by  the  cit}^  authori- 
ties shall  be  as  valid  and  etfectual  as  those  made  by 
the  State  and  county  authorities. 

Section  37.  Be  it  further  enacted,  That  on  all 
city  taxes  unpaid  after  the  15th  day  of  December 
of  each  }^ear  ten  per  cent  damages  shall  accrue  and 
be  collected,  and  after  said  date  the  Assessor  and 
Collector,  with  the  aid  of  the  City  Marshal,  or 
an}"  member  or  members  of  the  police  force,  shall 
proceed  to  enforce  the  collection  of  all  taxes  and 
damages  due  the  city,  by  the  seizure  and  sale  of 
personal  property  of  the  delinquent  tax  payers  it 
any  can  be  found  in  said  city  being  subject  to  such 
seizure  and  sale  to  ])ay  all  taxes  and  damages  due 
by  the  owner  thereof.  Sales  of  joersonal  property 
shall  be  made  by  the  Assessor  and  Collector  at  the 
City  Hall  in  said  city  every  Saturday,  commencing 
not  sooner  than  11  o’clock  a.  m.,  and  ending  not  later 
than  3 o’clock  p.  m.  No  seizure  and  sale  of  personal 
i^roperty  for  taxes  due  on  real  estate  shall  be  made 
after  the  time  fixed  for  the  filing  of  the  delinquent 
list  by  the  next  section.  The  Assessor  and  Collec- 
tor shall  only  be  entitled  to  10  per  cent,  damages 
on  all  taxes  collected  by  him  by  seizure  and  sale. 

Section  38.  Be  it  further  enacted.  That  at  the 
first  regular  meeting  of  the  Board  of  Mayor  and  Al- 
dermen next  before  the  day  fixed  by  law  for  the 
sale  of  lands  for  State  and  County  taxes,  the  As- 
sessor and  Tax  Collector  shall  lay  before  said  Board 
a listed  statement  of  all  delinquent  taxes,  which 
shall  show  the  name  of  the  tax-payer,  the  property 
on  which  the  tax  is  due,  and  the  amount  of  the 
tax,  to  which  shall  be  annexed  the  affidavit  of  the 
Assessor  made  before  the  City  Clerk,  that  said 
statement  is  true  and  correct,  and  that  he  has  been 
unable,  after  the  exercise  of  due  diligence  and  ef- 
fort to  collect  said  taxes  by  seizure  and  sale  of 
])ersonal  property.  The  Assessor  and  Collector  and 
his  bondsmen  shall  be  liable  for  all  delinquent  taxes 
not  embraced  in  said  list  as  for  taxes  collected  and 
unaccounted  for. 

Section  3b.  Be  it  further  enacted.  That  the 
Assessor  and  Collector  shall  publish  once  a week  for 
three  consecutive  weeks,  in  some  newspaper  pub- 
lished in  said  city,  befoi-e  the  day  fixed  l)y  law  for 
the  sale  of  lands  for  State  and  county  taxes,  a list 


When  damages 
accrue 


How  collec- 
tions en- 
forced 


When  sales 
made 


To  furnish  a 
list 


How  sales  to  be 
advertised 


48 


of  all  lands  delinquent  for  city  taxes,  with  the  names 
of  the  parties  to  whom  the  same  are  respectively 
assessed,  and  the  amount  of  taxes  and  damages  due 
thereon  with  a notice  that  unless  said  taxes  and 
damages  are  paid  on  or  before  the  day  fixed  by 
law  for  the  sale  of  lands  delinquent  for  State  and 
county  taxes,  said  lands  will  be  sold  by  the  Sheriff 
of  Warren  County. 


Duty  of 
assessor 


Sheriff  in  land 
sales 


Sales  to  vest 
absolute  title 


Fees  of  sheriflf 
and  tax 
collector 


Section  40.  Be  it  further  enacted.  That  the 
City  Assessor  and  Tax  Collector  shall  on  the  day 
and  at  the  place  appointed  by  law,  for  the  sale  of 
lands  for  State  and  county  taxes,  attend  with  his 
assespient  rolls  and  delinquent  lists,  and  when  the 
Sheriff  or  Tax  Collector  of  Warren  county  shall 
offer  for  sale  any  lands  for  State  and  county  taxes, 
which  may  also  be  delinquent  for  City  taxes,  he 
shall  notify  said  Sheriff  or  Tax  Collector  of  the 
amount  of  the  city  taxes  and  damages  due  thereon, 
and  unless  said  Sheriff  or  Tax  Collector  shall  re- 
ceive a bid  for  said  property  equal  to  the  whole 
amount  of  State,  county  and  city  taxes,  and  costs 
and  damages,  he  shall  strike  off  the  same  to  the 
State,  and  if  when  the  sale  of  lands  delinquent  for 
State  and  county  taxes  shall  have  been  completed, 
there  shall  be  any  lands  delinquent  for  city  taxes 
only,  said  Sheriff  or  Tax  Collector  shall  sell  the 
same,  and  unless  he  shall  receive  a bid  equal  to  the 
amount  of  the  city  taxes,  damages  and  costs  due 
Cnereon,  he  shall  likewise  strike  the  same  off  to  thi 
State ; and  under  any  sale  made  under  the  provisions 
of  this  act,  whether  it  be  made  for  State  and  county 
and  city  taxes,  or  for  city  taxes  alone,  the  state  or 
individual  purchaser  shall  be  vested  Avith  a perfect 
title  to  the  land  so  sold,  subject  to  the  right  of  re- 
demption provided  by  laAv,  Avith  the  same  remedies 
enforcing  the  same  to  Avhich  the  State,  or  individual 
purchaser  AAmuld  be  entitled  under  the  State  Rev- 
enue LaAV,  Avith  reference  to  sales  of  land  for  taxes, 
Avhich  shall  apply  in  full  force  Avith  all  the  rules  of 
construction  relatiA^e  thereto,  to  the  sales  in  this  act 
provided  for.  The  Sheriff  and  Tax  Collector  of 
AYarren  County  shall  receiA^e  a compensation  of  tAvo 
and  one  half  per  cent,  on  all  city  taxes  collected 
by  him  on  such  sales,  and  the  remainder  of  the 
amount  so  collected  he  shall  at  ouce  pay  into  tlie 
city  treasury,  and  his  Sheriff’s  and  Tax  Collector’s 


49 


bonds  shall  be  security  for  the  same,  and  the  per- 
formance of  his  duties  hereunder. 

Section  41.  Be  it  further  enacted,  That  the 
City  Assessor  and  Collector  shall  annually  and  with- 
in two  weeks  after  such  sale,  furnish  to  the  State 
Auditor  a statement  of  the  city  taxes  and  damages 
and  costs  due  on  property  held  by  the  ?5tate,  so  that 
in  disposing  of  land  either  by  way  of  redemption 
or  sale,  he  can  collect  the  taxes  accrued  thereon  in 
favor  of  the  city,  which  when  collected  he  shall  pay 
over  to  the  City  Treasurer. 

Section  42.  Be  it  further  enacted.  That  the 
iNIayor  shall  make  to  the  Board  of  Mayor  and  Al- 
dermen a monthly  report  of  the  expenses  of  the 
corporation  and  money  on  hand,  and  the  said  board 
shall  limit  their  expenditures  for  corporation  pur- 
poses within  the  revenues  of  the  city. 

Section  43.  Be  it  further  enacted.  That  tho 
Board  of  i\Iayor  and  Aldermen  shall  designate  some 
bank  of  the  city  as  the  bank  of  deposit  of  the  city, 
and  may  change  the  same  at  pleasure;  and  the  bank 
of  deposit,  before  receiving  the  deposits  of  the  city 
shall  enter  into  a bond  of  like  sum  with  like  condi- 
tions as  that  of  the  Treasurer.  The  Treasurer  shall 
deposit  in  said  bank  all  money  in  his  hands  belong- 
ing to  the  city,  and  said  bank  shall  render  a monthly 
account  to  the  Board  of  Mayor  and  Aldermen  of  the 
receipts  and  disbursements  made  by  them  on  account 
of  said  city. 

Section  44.  Be  it  further  enacted.  That  all 
property  owned  and  held  by  the  Mayor  and  Aider- 
men  of  the  City  of  Vicksburg  in  their  corporate  ca- 
pacity, and  such  as  may  be  hereafter  acquired  by 
them,  shall  be  exempt  from  seizure  and  sale  under 
any  attachment  or  judgment  rendered  against  them. 

Section  45.  (As  amended  by  ordinance  of  May 
1, 1905.  O.  B.  page  444.)  Be  it  furthei  enacted.  That 
the  ^layor  and  Aldermen  of  the  City  of  Vicksburg, 
shall  have  full  power  and  authority  to  borrow 
money  every  year,  including  the  current  year  1905, 
from  time  to  time,  as  needed,  for  the  purpose  of  de- 
fraying the  current  expenses  of  the  City  of  Vicks- 
burg, not  however  to  exceed  $100,000.00*  in  any  one 
year,  and  may  issue  its  loan  warrants  therefor;  but 
"the  total  amount  of  loan  warrants  outstanding  at 
any  one  time  shall  never  exceed  $100,000.00.  No 
Loan  Warrant  shall  be  issued  for  a longer  period 

4-City 


Assessor  and 
collector  to 
report  to 
auditor 


Expenses  of 
city  limited 
to  revenue 


Shall  designate 
Bank  of 
deposit 


City  property 
exempt  from 
taxation 


Mayor  and  Al- 
dermen em- 
powered to 
borrow 
money 


50 


Authorized  to 
issue  loan 
warrants 


Rights  of  hol- 
ders of  loan 
warrants 


Clerk  to  report 
total  receipts 
and  expenses 


Street  Com- 
missioner 


than  one  }^ear,  nor  bear  interest  at  a greater  rate 
of  interest  than  6 per  cent,  per  annm,  nor  be  issued 
nor  sold  for  less  than  par.  The  Loan  warrant  is- 
sued during  any  year  shall  be  a first  lien  on  the  rev- 
enues of  the  city  for  that  year,  and  shall  be  entitled 
to  priority  of  payment  over  all  other  obligations 
and  liabilities  of  said  city  out  of  any  revenues  there- 
of except  revenues  specially  raised  to  pay  s]3ecific 
obligations  of  the  City.  But  should  all  Loan  war- 
rants issued  during  any  year  not  be  paid  out  of  the 
revenues  of  that  year,  they  shall  be  paid  out  of  the 
revenues  of  the  City  for  the  succeeding 
years.  Any  legal  holder  or  owner  of  any 

Loan  warrants  shall  be  entititled  to  en- 

force or  protect  his  rights  thereunder  by  man- 
damus or  injunction  without  first  reducing  his 
claim  to  judgment,  but  the  defendant  or  defendants 
ma}^  make  any  valid  defense  to  such  claim  and  have 
the  same  determined  in  such  suit  or  suits  and  the 
Court  or  Judge  shall  have  plenary  power  to  direct 
the  formation  and  determination  of  the  issue  be- 
tween the  parties  and  to  give  judgment  according  to 
right  and  justice  of  the  case. 

Section  46.  Be  it  further  enacted.  That  on  the 
first  Tuesday  in  January  of  each  year  the  City  Clerk 
shall  report  to  the  Board  a statement  of  all  the  re- 
ceipts and  expenses  for  the  preceding  year,  and  of 
all  outstanding  liabilities,  which  report  shall  be 
published. 

Section  47.  Be  it  further  enacted.  That  all 
acts  and  parts  of  acts  in  conflict  with  this  act  be  and 
are  hereby  repealed,  and  that  this  act  take  effect 
from  and  after  its  passage. 

Apj^roved  March  7th,  1884. 


Chapter  II. 


Amendments  to  Charter. 

Section  48.  (Amendment  approved  Sept.  9, 
1893  0.  B.  p.  297.)  In  addition  to  the  corporate 
officers  mentioned  in  section  (7)  of  said  Charter  a 
Street  Commissioner,  shall  be  chosen  by  the  Board 
of  Mayor  and  Aldermen  at  the  same  time,  and  in 
the  same  manner  as  is  prescribed  therein  for  the 


51 


election  of  the  City  Clerk,  City  Marshal,  Market 
Master,  City  Physician  and  City  Sexton  and  whose 
term  of  office  shall  be  the  same. 

The  Street  Commissioner  shall  under  the  direc- 
tion of  the  Board  of  Ma}mr  and  Aldermen  have 
general  control  of  the  streets,  alle}"s,  avenues  and 
sidewalks;  he  shall  see  they  are  alwa}^s  in  proper 
repair;  he  shall  have  the  same  worked,  rej^aired, 
altered,  paved,  lighted,  sprinkled  and  everything 
else  done  that  ought  to  be  done  to  keep  the  same 
in  good  repair  and  condition  and  shall  perform  all 
other  duties  that  may  be  required  of  him  by  ordi- 
nance and  shall  receive  such  salary  for  his  services 
as  may  be  prescribed  by  said  Board  not  to  exceed 
the  sum  of  $1*25.00  per  month. 

AN  ACT  requiring  fines  to  be  paid  into  the  school  fund. 

Section  1.  Be  it  enacted  by  the  Legislature 
of  the  State  of  Alississippi,  That  all  fines  assessed 
by  the  city  court,  in  the  City  of  Vicksburg,  for 
violation  of  the  laws  of  this  State  shall  be  paid 
into  the  County  Treasury  of  Warren  county,  for 
the  use  of  the  common  school  fund,  in  the  same 
manner  as  fines  assessed  by  justices  of  the  peace 
and  circuit  courts,  and  all  fines  assessed  by  said 
city  court  for  violations  of  the  ordinances  of  said 
city  shall  be  paid  into  the  city  treasury  of  said  city. 

Section  2.  Be  it  further  enacted,  That  all 
acts  and  parts  of  acts  in  conflict  with  this  act  be 
and  the  same  are  hereby  repealed,  and  that  this 
act  take  efiect  and  be  in  force  from  and  after  its 
passage. 

Approved  March  8th,  1884. 


AN  ACT  to  authorize  the  Cit}'  of  Vicksburg  in  this  State  to 
contract  with  the  Memphis  & Vicksburg  Railroad  Com- 
pany, or  such  other  railroad  company  as  the  Memphis 
& Vicksburg  Railroad  Company  may  hereafter  become 
merged  into  or  a part  of  by  consolidation  or  otherwise,  for 
the  location  of  tlie  machine  shops  of  said  company  at 
said  City,  and  for  other  purposes. 

Section  1.  Be  it  enacted  by  the  Legislature  of 
the  State  of  Mississippi,  That  the  City  of  Vicksburg, 
through  its  Board  of  Mayor  and  Aldermen  and  the 
^lemphis  and  Vicksburg  Railroad  Company,  or 
such  other  railroad  company  as  said  Memphis  and 
Vicksburg  Railroad  Company  may  hereafter  be- 
come merged  into  or  a part  of  by  consolidation  or 


Fees  paid  into 
the  school 
fund 


52 


To  enter  into 
contract 
with  the  rail 
road  to  se- 
cure shops 


Right  to  close 
Streets 


To  contract  to 
issue  bonds 


otherwise,  be  and  are  hereby  respectively  authorized 
and  empowered  to  enter  into  such  contracts  with 
each  other  relative  to  the  location  and  maintaining 
at  said  city  of  the  railroad  shops  of  said  railroad 
company  as  they  may  mntualy  agree  upon  together 
with  such  limitations,  conditions,  privileges,  immu- 
nities, exemption  from  city  taxation,  settlement  of 
all  claims,  disputes  and  demands  of  the  one  against 
the  other,  relinquishment  of  all  bonds,  subscriptions, 
stock  certificates  of  either  party  now  held  or  claim- 
ed by  the  other,  rights  of  way  through  the  streets 
of  said  city,  closing  of  and  discontinuing  streets  now 
open  and  dedicated  to  the  public,  and  such  other 
things  as  may  be  decided  and  mutually  agreed  on 
between  said  City  of  Vicksburg  and  said  railroad 
company,  and  sudi  contract  or  contracts,  when  re- 
duced to  writing  and  signed  by  the  parties,  duly  au- 
thorized therewith  by  the  contracting  parties,  shall 
be  in  all  respect  valid  and  binding,  and  may  be  en- 
forced by  either  party  in  any  court  having  jurisdic- 
tion thereof. 

Section  2.  Be  it  further  enacted.  That  said 
city  may  contract  with  said  railroad  company  for 
an  issue  and  delivery  to  said  company  of  said  city’s 
bonds  for  such  purpose,  and  on  such  consideration, 
and  bearing  such  rate  of  interest,  and  having  such 
time  to  run,  as  the  parties  may  agree  upon ; and  the 
election  to  authorize  the  issuance  of  said  bonds  may 
be  held  under  the  provisions  of  an  Act  of  the  Leg- 
islature of  Mississippi,  entitled ; “An  Act  to  author- 
ize counties,  cities  and  towns  to  subscribe  to  the 
capital  stock  of  railroads,”  approved  March  7,  1882. 

Section  3.  Be  it  further  enacted.  That  this  Act 
take  effect  and  be  in  force  from  and  after  its  pas- 
sage. 

Approved,  February  22,  1884. 


53 


Parks,  Depot  Grounds,  Public  Grounds. 

Be  it  by  ordained  by  the  Mayor  and  Aldermen  of  the  City 
of  Vicksburg,  that  the  Charter  of  said  City  be  amended,  by 
the  adoption  of  the  following  additional  Section. 

The  Board  of  Mayor  and  Aldermen  of  the  City  of  Vicks- 
burg, shall  have  the  power  and  authority  to  regulate  Parks, 
Public  grounds.  Depots,  Depot  grounds,  and  places  for  stor- 
age of  freight  and  goods  within  the  corporate  limits,  and 
to  provide  for  and  regulate  the  construction  and  passage  of 
Raihva3^s  and  Street  Railroads  through  the  Streets,  Avenues, 
Alle}^s  or  Lanes  and  public  grounds  of  the  Municipality,  but 
a person  or  Company  to  whom  the  right  and  privilege  shall 
at  an}^  time  be  granted  by  the  authorities  of  the  City  of 
Vicksburg  to  construct  Railroads  and  Street  Railroads 
through  the  Municipality,  shall  not  have  the  exclusive  privi- 
lege to  do  so.  Approved  April  30,  1894.  O.  B.  P.  313. 

Sprinkling  Streets. 

Be  it  ordained  b}^  the  Ma^mr  and  Aldermen  of  the  City 
of  Vicksburg  that  the  Charter  of  said  City  be  amended  by 
adding  thereto  the  following  Section  to  be  known  as  Section 
51  of  the  Charter  of  said  City: 

Section  51.  The  Board  of  Mayor  and  Aldermen  of 
the  City  of  Vicksburg,  shall  have  the  power  to  cause  or 
procure  any  Street  or  Alley  in  said  City  to  be  sprinkled  at 
the  cost  and  expense  of  the  lots  or  parts  of  lots  fronting 
the  same,  to  be  apportioned  thereon  according  to  their  num- 
ber of  lineal  feet  fronting  on  said  street  or  alley.  Upon  a 
petition  in  writing  of  the  majority  of  the  owners  of  lots  or 
jiarts  of  lots,  or  the  owners  of  the  greater  number  of  lineal 
feet  fronting  on  the  Street  or  Alley  or  that  part  of  the  Street 
or  Alley  proposed  to  be  sprinkled,  the  Board  of  Mayor  and 
Aldermen  may  authorize  a written  contract  for  the  sprink- 
ling of  such  Street  or  Alley  not  less  than  one  square,  or 
said  Board  of  Mayor  and  Aldermen  may  cause  such  sprink- 
ling to  be  done  under  the  supervision  and  direction  of  the 
Street  Commissioner,  and  on  its  own  account;  provided  that 
the  cost  shall  not  exceed  one  cent  per  month  per  lineal  foot 
to  the  owners  of  lots  fronting  on  such  Streets  or  Alleys. 
Idle  cost  of  sprinkling  Street  intersections  shall  be  borne  by 
the  City  and  be  paid  out  of  the  City  Treasury,  and  the 
cost  of  sprinkling  the  Streets  or  Alleys  shall  be  borne  and 
paid  b}^  the  owners  of  the  lots  or  parts  of  lots  fronting 
thereon  as  above  directed.  The  cost  of  sprinkling  shall  be 


54 


payable  by  the  property  owners  monthly  to  the  Assessor 
and  Collector  of  said  City. 

On  the  first  day  of  December  of  each  year,  should  the 
owner  of  any  lot  or  part  of  lot,  subject  to  assessment  for 
the  cost  of  such  sprinkling,  fail  and  refuse  to  pay  what  is  due 
thereon,  it  shall  be  the  duty  of  the  Assessor  and  Collector 
to  cause  the  amount  of  25  per  cent,  damages  to  be  assessed 
against  the  property  with  the  then  accruing  taxes,  or  the 
next  accruing  taxes,  and  collect  the  same  with  said  taxes 
as  a part  thereof,  and  with  the  same  remedies;  and  the 
amount  due  by  each  owner  of  a lot  under  such  assessment 
shall  be  a lien  on  said  lot,  or  lots  or  part  of  a lot,  and 
besides  the  aforesaid  remedies,  the  collection  thereof  may  be 
enforced  in  an}^  Court  having  jurisdiction  thereof. 

The  Assessor  and  Collector  shall  collect  from  the  several 
property  owners  their  proportion  of  the  cost  of  such  sprink- 
ling, and  pay  the  same  to  the  City  Treasurer,  who  shall 
hold  the  same  as  a special  fund  subject  to  the  terms  of  the 
contract,  or  shall  hold  the  same  out  of  which  he  shall  pay  the 
cost  of  such  sprinkling,  and  after  all  disbursements  are 
made,  pay  the  balance  of  the  same  into  the  General  City 
fund. 

Approved  June  29,  1897.  O.  B.  P.  343. 

Municipal  Bonds. 

AN  ORDINANCE,  To  amend  the  charter  of  the  City  of  Vicksburg,  Miss- 
issippi. 

Be  it  ordained  by  the  Mayor  and  Aldermen  of  the  City  of  Vicksburg, 
Mississippi,  that  the  Charter  of  said  City  of  Vicksburg,  Mississippi, 
as  approved  March  7th,  1884,  be  amended  so  as  to  include  the  fol- 
lowing as  a part  thereof,  to-wit : 

1.  MUNICIPAL  BONDS.  The  Mayor  and  Aldermen, 
for  the  purpose  of  raising  money  for  the  erection  of  munici- 
pal school  buildings  and  the  purchase  of  such  buildings  or 
land  therefor  and  the  improvement  and  adornment  thereof, 
for  the  erection  or  purchase  of  water  works,  gas,  electric,  and 
other  plants,  the  establishment  of  a sewerage  system,  the 
protection  of  the  municipality  from  overflow,  from  caving 
banks,  and  other  like  dangers,  improving  or  paving  streets, 
and  for  the  liquidation  of  existing  debts  of  the  municipality, 
may  issue  bonds  or  other  obligations  of  the  City,  not  to 
exceed  in  amount,  including  all  outstanding  boncts,  seven 
per  centum  of  the  assessed  value  of  the  taxaole  property 
of  the  municipality,  unless  authorized  by  two-thirds  of  the 
qualified  electors  thereof;  but  in  no  case  shall  the  amount 
issued  exceed  ten  per  centum  of  the  assessed  value.  But  the 


00 


limit  on  the  amount  shall  not  apply  to  bonds  or  other  obliga- 
tions issued  on  liquidation  or  to  raise  funds  to  liquidate  any 
indebtedness  existing  when  this  amendment  becomes  opera- 
tive. 


2.  THE  SAME:  DETAILS  OF,  ETC.  Said  bonds 
shall  mature  not  later  than  twenty  years  from  the  date  of 
their  issuance,  and  bear  interest  at  a rate  not  exceeding  seven 
per  centum  per  annum,  payable  annually  or  semi-annually 
as  the  Board  shall  elect;  and  such  bonds,  or  any  part  there- 
of, shall  be  payable,  after  five  years  at  the  option  of  the 
municipality.  All  such  bonds  shall  be  lithographed  with 
suitable  devices  to  prevent  counterfeiting,  shall  be  in  sums 
of  one  hundred  dollars  or  five  hundred  dollars  each,  and 
shall  be  registered  as  issued,  be  numbered  in'a  regular  series 
from  one  upward,  be  signed  by  the  Mayor  and  countersigned 
by  the  Clerk,  who  shall  impress  the  municipal  seal  upon 
each  bond  as  it  is  issued,  and  every  such  bond  shall  specify 
on  its  face  the  purpose  for  which  it  was  issued;  and  the  total 
amount  authorized  to  be  issued,  and  each  shall  be  made 
pa}^able  to  a person  by  name,  the  purchaser,  followed  by 
the  words  “or  bearer.”  The  Mayor  and  Aldermen  shall  levy 
annually  a special  tax,  to  be  used  exclusively  in  paying 
the  interest  on  such  bonds  and  the  bonds  maturing  within 
one  year,  and  in  providing  a sinking  fund  for  the  redemption 
of  the  bonds  issued. 

3.  THE  SAME:  lYHAT  IS  TO  BE  DONE  BE- 

FORE ISSUING  BONDS.  Before  providing  for  the  is- 
suance of  any  bonds,  the  Mayor  and  Aldermen  shall  publish 
notice  of  the  proposal  to  issue  the  same  in  a newspaper  pub- 
lished in  the  municipality,  for  three  weeks,  next  preceding; 
and  if  within  that  time,  twenty  per  centum  of  the  adult  tax 
pa}^ers  of  the  municipality  shall  petition  against  the  issuance 
of  the  bonds,  then  the  bonds  shall  not  be  issued,  unless  au- 
thorized by  a majority  of  the  electors  voting  in  an  election 
to  be  ordered  for  that  purpose.  All  the  expenses  of  preparing 
the  bonds,  publishing  notices,  and  holding  such  elections  shall 
be  paid  out  of  the  municipal  treasury. 

4.  BONDS  :\IAY  BE  MADE  TO  MATURE  AN- 
NUALLY, ETC.  The  Mayor  and  Aldermen  ir  it  elect,  may 
issue  bonds,  making  a part  of  them  mature  annually,  and  run- 
ning through  a series  of  not  more  than  twenty  years  from 
their  issuance.  All  the  interest  in  such  cases,  and  a part 
of  the  principal,  to  be  fixed  by  the  Mayor  and  Aldermen, 
at  the  time  the  bonds  are  issued,  shall  lie  payable  annually, 
and  the  bonds  shall  be  issued  accordingly;  in  which  case  a 


56 


part  of  the  principal  shall  not  be  called  in  and  paid  by  the 
Mayor  and  Aldermen  until  maturity  of  the  Bonds. 

Ordained  this  3d  day  of  November,  1902. 

Approved  this  4th  day  of  November,  1902. 

0.  B.  p.  396. 

Note.— The  Sapreme  Court  of  Mississippi  decidefl,  in  Smith  v.  Vicks- 
burg, that  the  City  could  not  issue  bonds  to  liquidate  the  indebted- 
ness not  due  when  the  amendment  was  adopted. 


Amendment  in  Regard  to  Municipal  Bonds. 

AN  ORDINANCE  to  amend  an  Ordinance  entitled  An  Ordinance  to 
amend  the  Charter  of  the  City  of  Vicksburg,  Mississippi,  Ordained 
November  3rd,  1902,  and  approved  November  4th,  1902. 

Be  it  ordained  by  the  Mayor  and  Aldermen  of  the  City 
of  Vicksburg,  Mississippi,  that  the  amendment  to  the  Charter 
of  said  City  of  Vicksburg,  ordained  November  3rd,  1902, 
and  approved  November  4th,  1902,  be  and  the  same  is  hereby 
so  amended  as  to  read  as  follows: 

1.  MUNICIPAL  BONDS.  The  Mayor  and  Aldermen, 
for  the  purpose  of  raising  money  for  the  erection  of  muni- 
cipal and  school  buildings  and  the  purchase  of  such  build- 
ings or  land  therefor  and  the  improvement  and  adornment 
thereof,  for  the  erection  or  purchase  of  water  works,  gas, 
electric,  and  other  plants,  the  establishment  of  a sewerage 
system,  the  protection  of  the  municipality  from  overflow,  im- 
proving or  paving  streets,  or  for  the  liquidation  of  existing 
debts  of  the  municipality,  may  issue  the  bonds  or  other  obli- 
gations of  the  City  not  to  exceed  in  amount,  including  all 
outstanding  bonds,  seven  per  centum  of  the  assessed  value  of 
the  taxable  property  of  the  municipality,  unless  authorized 
by  two-thirds  of  the  qualified  electors  thereof ; but  in  no  case 
shall  the  amount  issued  exceed  ten  per  centum  of  the  assessed 
value.  But  the  limit  on  the  amount  shall  not  apply  to  bonds 
or  other  obligations  issued  on  liquidation  or  to  raise  funds 
to  liquidate  any  indebtedness  existing  when  this  amendment 
becomes  operative. 

2.  THE  SAME;  DETAILS  OF,  ETC.  Said  bonds 
shall  mature  not  later  than  twenty  years  from  the  date  of 
their  issuance,  and  bear  interest  at  a rate  not  exceeding 
seven  per  centum  per  annum,  payable  annually  or  semi-an- 
nually, as  the  Board  shall  elect;  and  such  bonds,  or  any  part 
thereof,  shall  be  jiayable  after  five  years  at  the  option  of 
the  municipality.  All  such  bonds  shall  be  printed  or  litho- 
graphed with  suitable  devices  to  prevent  counterfeiting,  shall 


0 / 

be  in  sums  of  one  hundred  dollars  or  five  hundred  dollars 
each,  and  shall  be  registered  as  issued,  be  numbered  in  a regu- 
lar series  from  one  upward,  be  signed  b}^  the  Mayor  and 
countersigned  by  the  Clerk,  who  shall  impress  the  municipal 
seal  upon  each  bond  as  it  is  issued,  and  every  such  bond  shall 
specify  on  its  face  the  purpose  for  which  it  was  issued,  and  the 
total  amount  authorized  to  be  issued,  and  each  shall  be  made 
pa}^able  to  a person  by  name,  the  purchaser,  followed  by  the 
words  “or  bearer.” 

3.  THE  SAME ; WHAT  IS  TO  BE  DONE  BEFOEE 
ISSUING  BONDS.  Before  providing  for  the  issuance  of  any 
bonds,  the  Majmr  and  Aldermen  shall  publish  notice  of  the 
proposal  to  issue  the  same  in  a newspaper  published  in  the 
municii^alit}",  for  three  weeks  next  preceding;  and  if,  within 
that  time,  twenty  per  centum  of  the  adult  tax  payers  of  the 
municipality  shall  petition  against  the  issuance  of  the  bonds, 
then  the  bonds  shall  not  be  issued,  unless  authorized  by  a 
majority  of  the  electors  voting  in  an  election  to  be  ordered 
for  that  pui’iDose.  All  the  expense  of  preparing  the  bonds, 
publishing'  notices  and  holding  such  election  shall  be  paid 
out  of  the  municipal  treasury. 

4.  BONDS  MAY  BE  MADE  TO  MATUEE  AN- 
NUALLY, ETC.  The  Mayor  and  Aldermen  if  it  elect,  may 
issue  bonds,  making  a part  of  them  mature  annually,  and 
running  through  a series  of  not  more  than  twenty  years 
from  their  issuance.  All  the  interest  in  such  cases  and  a part 
of  the  principal,  to  be  fixeed  by  the  Mayor  and  Aldermen 
at  the  time  the  bonds  are  issued,  shall  be  payable  annually, 
and  the  bonds  shall  be  issued  accordingly;  in  which  case  a 
part  of  the  principal  shall  not  be  called  in  and  paid  by  the 
^layor  and  Aldermen  until  maturity  of  the  bonds. 

5.  Be  it  further  ordained  that  all  acts  and  parts  of  acts 
and  all  ordinances  and  ]^arts  of  ordinances  in  conflict  with 
this  ordinance,  be  and  the  same  are  hereby  repealed,  and 
that  this  ordinance  take  effect  and  be  in  force  from  and  after 
its  approval  by  the  Governor  and  its  record  in  the  office  of 
the  Secretary  of  the  State. 

Ordained  this  1st  dav  of  ^lav,  1005. 

II.  J.  TEOAVBrvIDGE,  'CiTY  Clerk. 

Approved  this  2nd  day  of  May,  1905. 

^ B.  W.  GEIFFITH,  Mayor. 

O.  B.  p.  441. 


58 


Chapter  III. 


Election  not  to  Come  Under  AIunicipal  Chapter 

OF  Code. 

WHEREAS : The  Mayor  and  Aldermen  of  the  City  of 
Vicksburg  have  elected  to  continue  under  the  Charter  of  said 
City,  Approved  March  7th,  188d,  now 

THEREEORE  BE  IT  RESOLVED,  Ine  Mayor  and 
Aldermen  of  the  City  of  Vicksburg,  at  a regular  meeting 
held  in  accordance  to  law,  at  the  City  Hall  of  Vicksburg,  on 
the  1st  day  of  June,  1892,  that  in  accordance  with  the 
provisions  of  Section  78  of  the  Chapter  entitled  “Municipali- 
ties,” of  the  Annotated  Code  of  the  Public  Statute  Laws  of 
the  State  of  Mississippi,  it  is  the  sense  of  this  Board,  and  it 
does  so  now  elect  not  to  come  under  the  provisions  of  said 
Chapter  on  Municipalities,  but  to  continue  under  the  opera- 
tion of  the  Charter  of  said  City,  Approved  March  7th,  1884^ 
and  the  amendments  thereto  as  they  may  now  exist,  witli  such 
others  as  may  be  hereafter  made  according  to  law. 

RESOLVED  FURTHER,  That  this  action  be  entered 
of  record  on  the  minutes  of  this  Board,  and  the  same  certified 
by  the  Mayor  and  City  Clerk,  under  the  seal  of  said  City, 
to  the  Secretary  of  State,  as  by  the  Statute  in  such  cases 
made  and  provided. 

Done  at  Vicksburg,  Mississippi,  this  the  1st  day  of  June 
1892. 

Municipalities  may  accept  or  reject.  See  Jackson  v.  Schlomberg, 
70  Miss.,  47. 

If  municipality  accepts,  its  action  cannot  be  rescinded.  Ib. 

Action  of  municipality  must  be  certified  to  Secretary  of  State. 
State  V.  Govan,  70  Miss.,  535. 


59 


Chapter  IV. 


Constitutional  Provisions  Applicable  to  Cities 

AND  Towns. 

A direction  by  the  Legislature  that  in  estimating  dam- 
ages accruing  to  the  owner  of  land  taken  for  public  use  the 
benefits  which  will  result  to  the  owner  shall  be  allowed  in 
extinguishment  of  the  claim,  is  judicial,  and  therefore  void. 

Isom  V.  Mississippi  R.  R.  Co.,  36  Miss.,  300. 

Sec.  8.  All  persons,  resident  in  this  State,  citizens  of 
the  United  States,  are  hereby  declared  citizens  of  the  State 
of  Mississippi. 

(1869,  Art.  I.,  sec.  25.) 

Sec.  14.  Xo  person  shall  be  deprived  of  life,  liberty  or 
l^roperty  except  by  due  process  of  law. 

(1817,  Art.  I.,  sec.  10  ; 1832,  Art.  I.,  sec.  10  ; 1869,  Art  I., 
sec.  2.) 

A law  depriving  a citizen  of  his  property  without  notice  or  trial, 
and  without  opportunity  to  protect  his  rights,  is  void. 

Donovan  v.  Vicksburg,  29  Miss.,  247. 

An  extension  of  city  limits  so  as  to  include  property  and  render  it 
liable  to  city  taxes,  though  the  owner  is  not  benefited  thereby,  is  not  to 
deprive  of  property  without  due  process  of  law. 

Martin  v.  Dix,  52  Miss.,  53. 

A municipal  ordinance  authorizing  the  killing  of  unmuzzled  dogs 
running  at  large  is  not  invalid. 

Julienne  V.  Jackson,  69  Miss.,  34. 

Sec.  17.  Private  property  shall  not  be  taken  or  damaged 
for  public  use  except  on  due  compensation  being  first  made  to 
the  owner  or  owners  thereof,  in  a mnner  to  be  prescribed  by 
law;  and  whenever  an  attempt  is  made  to  take  private  prop- 
erty, for  a use  alleged  to  be  public,  the  question  whether  the 
contemplated  use  be  public  shall  be  a judicial  question,  and, 
as  such,  determined  without  regard  to  legistalive  assertion 
that  the  use  is  public. 

(1817,  Art.  I,  sec.  13;  1832,  Art.  I.,  sec.  13;  1869,  Art.  I., 
sec.  10.) 

The  section  embraces  municipalities  and  prohibits  them  from  tak- 
ing or  damaging  private  property  without  compensation,  etc.,  embrac- 
ing both  direct  and  consequential  damages. 

Vicksburg  v.  Herman,  72.  Miss.,  211. 

Sec.  *22.  Xo  person's  life  or  liberty  shall  be  twice  placed 
in  jeopardy  for  the  same  offense;  but  there  must  be  an  actual 


60 


acquittal  or  conviction  on  the  merits  to  bar  another  prose- 
cution. 

(1817,  Art.  I.,  sec.  13;  1832,  Art.  I.,  sec.  13;  1869,  Art.  I., 
sec.  5.  ) 

A conviction  of  an  offense  under  a municipal  ordinance  is  not  a bar 
to  a prosecution  by  the  State  for  the  same  act. 

Johnson  v.  State,  59  Miss.,  543. 

The  Legislature  can  constitutionally  confer  on  municipalities  the 
power  by  ordinance  to  punish  as  an  offense  against  the  municipality  an 
act  which  constitutes  a crime  against  the  State. 

Ocean  Springs  v.  Green,  77  Miss.,  472.  A.  & E.  Enc.  L. 
Vol.  21,  page  955. 

The  Legislature  may  make  mayors  of  municipalities,  ex-officio  jus- 
tices of  the  peace  in  and  for  their  municipalities,  and  give  them  crim- 
inal jurisdiction  as  such. 

Bell  V.  McKinney,  63  Miss.,  187. 

The  section  expressly  authorizes  the  Legislature  to  dispense  with 
the  inquest  of  a grand  jury  in  the  prosecution  of  misdemeanors. 

Coulter  V.  State,  75  Miss.,  356. 

Sec.  80.  Provision  shall  be  made  by  general  laws  to 
prevent  the  abuse  by  cities,  towns  and  other  municipal  cor- 
porations of  their  powers  of  assessment,  taxation,  borrowing 
money,  and  contracting  debts. 

The  section  is  prospective  only  and  did  not  repeal  existing  charters. 

Lum  V.  Vicksburg,  72  Miss.,  950. 

Sec.  87.  No  special  or  local  law  shall  be  enacted  for  the 
benefit  of  individuals  or  corporations,  in  cases  which  are 
or  can  be  provided  for  by  a general  law,  or  where  the  relief 
sought  can  be  given  by  any  court  of  this  State;  nor  shall 
the  operation  of  any  general  law  be  suspended  by  the  Legisla- 
ture for  the  benefit  of  any  individual  or  private  corporation 
or  association,  and  in  all  cases  where  a general  law  can  be 
made  applicable,  and  would  be  advantageous,  no  special  law 
shall  be  enacted. 

Sec.  88.  The  Legislature  shall  pass  general  law^s,  under 
which  local  and  private  interests  shall  be  provided  for  and 
protected,  and  under  which  cities  and  towns  may  be  chartered 
and  their  charters  amended,  and  under  which  corporations 
may  be  created,  organized,  and  their  acts  of  incorporation 


altered;  and  all  such  laws  shall  be  subject  to  repeal  or 
amendment. 

The  section  is  prospective  only  and  did  not  repeal  existing  munici- 
pal charters. 

Lum  V.  Vicksburg,  72  Miss.,  950. 

Sec.  lOd.  Statutes  of  limitation  in  civil  causes  shall  not 
run  against  the  State,  or  any  subdivision  or  municipal  cor- 
poration thereof. 

Sec.  110.  The  Legislature  may  provide,  by  general  law, 
for  condemning  rights  of  way  for  private  roads,  where  neces- 
saiy  for  ingress  and  egress  by  the  party  applying,  on  due 
compensation  being  first  made  to  the  owner  of  the  property; 
but  such  rights  of  way  shall  not  be  provided  for  in  incorpor- 
ated cities  and  towns. 

Sec.  112.  Taxation  shall  be  uniform  and  equal  through- 
out the  State.  Property  shall  be  taxed  in  proportion  to  its 
value.  The  Legislature  may,  however,  impose  a tax  per  capita 
upon  such  domestic  animals  as  from  their  nature  and  habits 
are  destructive  of  other  property.  Property  shall  be  as- 
sessed for  taxes  under  general  laws,  and  by  uniform  rules, 
according  to  its  true  value.  But  the  Legislature  may  provide 
for  a special  mode  of  valuation  and  assessment  for  railroads, 
and  railroad  and  other  corporate  property,  or  for  particular 
species  of  property  belonging  to  persons,  corporations,  or 
associations  not  situated  wholly  in  one  county.  But  all  such 
property  shall  be  assessed  at  its  true  value,  and  no  county  shall 
be  denied  the  right  to  levy  county  or  special  taxes  upon  such 
assessment  as  in  other  cases  of  property  situated  and  assessed 
in  the  county. 

(1869,  Art.  XII.,  sec.  20.) 

Local  and  special  assessments  not  prohibited  by  the  section. 

Alcorn  v.  Hamer,  38  Miss.,  652;  Daily  v.  Swope,  47  Miss., 
367 ; Vassar  v.  George,  47  Miss.,  713. 

The  Legislature  cannot  dispense  with  an  assessment. 

State  V.  Vicksburg  Bank,  69  Miss.,  986. 

The  section  is  the  only  constitutional  limitation  on  the  power  of  the 
Legislature  to  exempt  property  from  county  and  municipal  taxation. 

Brennan  v.  Mississippi,  etc.,  Co.,  70  Miss.,  531. 


62 


The  section  contemplates  that  the  assessment  shall  be  made  by  the 
assessor,  provided  for  in  section  138. 

State  Revenue  Agent  v.  Tonella,  70  Miss.,  701. 

The  uniform  and  equality  rule  prescribed  by  the  section  is  not  re- 
quired to  be  observed  in  the  imposition  of  special  assessments,  as  for 
making  sidewalks,  etc. 

Nugent  V.  Jackson,  72  Miss.,  1040. 

Municipal  taxation  is  within  the  operation  of  the  section. 

Adams  v.  Capital,  etc.,  Bank,  75  Miss.,  701;  Adams  v. 

Bank  of  Oxford,  78  Miss.,  532. 

Sec.  172.  The  Legislature  shall,  from  time  to  time,  es- 
tablish such  other  inferior  courts  as  may  be  necessary,  and 
abolish  the  same  whenever  deemed  expedient. 

(1832,  Art.  IV.,  sec.  24;  1869,  Art.  VI.,  sec.  24.) 

It  is  competent  under  the  section  for  the  Legislature  to  give  a 
mayor  of  a municipality  jurisdiction  of  causes,  civil  and  criminal,  with- 
in the  municipality. 

Bell  V.  McKinney,  63  Miss.,  187. 

Sec.  178.  Corporations  shall  be  formed  under  general 
laws  only.  The  Legislature  shall  have  power  to  alter,  amend, 
or  repeal  any  charter  of  incorporation  now  existing  and  revo- 
cable, and  any  that  may  hereafter  be  created,  whenever  in 
its  opinion,  it  may  be  for  the  public  interest  to  do  so.  Pro- 
Auded,  hoAveA^er,  That  no  injustice  shall  be  done  to  the  stock- 
holders. No  charter  for  any  private  corporation  for  pecu- 
niary gain  shall  be  granted  for  a longer  period  than  ninety- 
nine  years.  In  assessing  for  taxation  the  property  and  fran- 
chises of  corporations  having  charters  for  a longer  period 
than  ninety-nine  years,  the  increased  value  of  such  property 
and  franchises  arising  from  such  longer  duration  of  their 
charters  shall  be  considered  and  assessed;  but  any  such  cor- 
poration shall  have  a right  to  surrender  the  excess  over 
ninety-nine  years  of  its  charter. 

The  exemption  from  taxation  granted  by  laws  1882,  p.  84,  to  encour- 
age the  establishment  of  factories,  etc.,  was  and  is  constitutional  and 
was  continued  in  force,  subject  to  Legislative  repeal  by  the  section. 
Adams  v.  Tombigbee  Mills,  78  Miss.,  676. 

Sec.  182.  The  poAA^er  to  tax  corporations  and  their 
property  shall  neA^er  be  surrendered  or  abridged  by  any  con> 
tract  or  grant  to  which  the  State  or  any  political  subdiAusion 
thereof  may  be  a party,  except  that  the  Legislature  may  grant 


63 


exemption  from  taxation  in  the  encouragement  of  manufac- 
tures and  other  new  enterprises  of  public  utility  extending  for 
a period  not  exceeding  five  years,  the  time  of  such  exemptions 
to  commence  from  date  of  charter,  if  to  a corporation;  and 
if  to  an  individual  enterprise,  then  from  the  commencement 
of  work;  but  when  the  Legislature  grants  such  exemptions 
for  a period  of  five  j^ears  or  less,  it  shall  be  done  by  general 
laws,  which  shall  distinctly  enumerate  the  classes  of  manu- 
factures and  other  new  enterprises  of  public  utility  entitled 
to  such  exemptions,  and  shall  prescribe  the  mode  and  manner 
in  which  the  right  to  such  exemptions  shall  be  determined. 

Sec.  183.  No  county,  city,  town,  or  other  municipal  cor- 
poration shall  hereafter  become  a subscriber  to  the  capital 
stock  of  any  railroad  or  other  corporation  or  association, 
or  make  appropriation  or  loan  its  credit  in  aid  of  such  corpor- 
ation or  association.  All  authority  heretofore  conferred  for 
any  of  the  purposes  aforesaid  by  the  Legislature  or  by  the 
charter  of  any  corporation,  is  hereby  repealed.  Nothing  in  this 
section  contained  shall  affect  the  right  of  any  such  corporation, 
municipality,  or  county  to  make  such  subscription  wliere  the 
same  has  been  authorized  under  law  existing  at  the  time  of  the 
adoption  of  this  constitution,  and  by  a vote  of  the  people 
thereof,  had  prior  to  its  adoption,  and  where  the  terms  of 
submission  and  subscription  has  been  or  shall  be  complied 
with,  or  to  prevent  the  issue  of  renewal  bonds,  or  the  use 
of  such  other  means  as  are  or  may  be  prescribed  by  law  for 
the  payment  or  liquidation  of  such  subscription,  or  of  any  ex- 
isting indebtedness. 

Sec.  188.  No  railroad  or  other  transportation  company 
shall  grant  free  passes  or  tickets,  or  passes  or  tickets  at  a 
discount,  to  members  of  the  Legislature,  or  any  state,  district, 
county,  or  municipal  officers,  except  railroad  commissioners. 
The  Legislature  shall  enact  suitable  laws  for  the  detection, 
j)revention,  and  punishment  of  violations  of  this  provision. 

Sec.  192.  Provision  shall  be  made  by  general  laws  where- 
by cities  and  towns  may  be  authorized  to  aid  and  encourage 
the  establishment  of  manufactories,  gas-works,  water-works, 
and  other  enterprises  of  puldic  utility  other  than  railroads, 
within  the  limits  of  said  cities  or  towns,  by  exempting  all 
property  used  for  such  puri^oses,  from  municipal  taxation 
for  a period  not  longer  than  ten  years. 

Sec.  206  was  amended  by  vote  of  the  people,  November 
6,  1900;  and  the  amendment  was  inserted  in  the  constitution 


64 


at  the  session  of  the  Legislature  which  met  in  January,  1902. 

The  section  as  amended,  reads  as  follows: 

Sec.  206.  There  shall  be  a county  common  school  fund, 
which  shall  consist  of  the  poll  tax,  to  be  retained  in  the 
counties  where  the  same  is  collected,  and  a state  common 
school  fund,  to  be  taken  from  the  general  fund  in  the  state 
treasury,  which  together  shall  be  sufficient  to  maintain  the 
common  schools  for  the  term  of  four  months  in  each  scholas- 
tic year.  But  any  county  or  separate  school  district  may 
levy  additional  tax  to  maintain  its  schools  for  a longer  time 
than  the  term  of  four  months.  The  state  common  school 
fund  shall  be  distributed  among  the  several  counties  and 
sej^arate  school  districts  in  proportion  to  the  number  of  edu- 
cable  children  in  each,  to  be  determined  from  data  collected 
through  the  office  of  the  State  Superintendent  of  Education 
in  the  manner  to  be  prescribed  by  law. 

Sec.  207.  Separate  schools  shall  be  maintained  for  chil- 
dren of  the  white  and  colored  races. 

Sec.  210.  No  public  officer  of  this  State,  or  any  district, 
count}",  city,  or  town  thereof,  nor  any  teacher  or  trustee  of 
any  public  school,  shall  be  interested  in  the  sale,  proceeds,  or 
profits  of  any  books,  apparatus,  or  furniture  to  be  used  in  any 
public  school  in  this  State.  Penalties  shall  be  provided  by 
law  for  the  violation  of  this  section. 

Sec.  241.  Every  male  inhabitant  of  this  State,  except 
idiots,  insane  persons,  and  Indians  not  taxed,  vffio  is  a citizen 
of  the  United  States,  twenty-one  years  old  and  upwards, 
who  has  resided  in  this  state  two  years,  and  one  year  in  the 
election  district  or  in  the  incorporated  city  or  town  in  which 
he  offers  to  vote,  and  who  is  duly  registered  as  provided  in 
this  article,  and  who  has  never  been  convicted  of  bribery, 
burglary,  theft,  arson,  obtaining  money  or  goods  under  false 
pretenses,  perjury,  forgery,  embezzlement,  or  bigamy,  and 
who  has  paid,  on  or  before  the  first  day  of  February  of  the 
year  in  which  he  shall  offer  to  vote,  all  taxes  which  may  have 
been  legally  required  of  him,  and  which  he  has  had  an  oppor- 
tunity of  paying  according  to  law,  for  the  two  preceding 
years,  and  who  shall  produce  to  the  officers  holding  the 
election  satisfactory  evidence  that  he  has  paid  said  taxes,  is 
declared  to  be  a qualified  elector;  but  any  minister  of  the 
gospel  in  charge  of  an  organized  church  shall  be  entitled  to 
vote  after  six  months’  residence  in  the  election  district,  if 
otherwise  qualified. 

(1869,  Art.  VII.,  sec.  2;  and  Art.  XII.,  sec.  2.) 


65 


Sec.  242.  The  Leg-islatiire  shall  provide  by  law  for  the 
registration  of  all  persons  entitled  to  vote  at  any  election, 
and  all  persons  offering  to  register  shall  take  the  following 

oath  or  affirmation : “I,  , do  solemnly  swear 

(or  affirm)  that  I am  twenty-one  years  old  (or  I will  be  before 
the  next  election  in  this  county),  and  that  I will  have  resided 

in  this  State  two  years  and election  district  of 

county  one  year  next  preceding  the  ensuing  election 

(or  if  it  be  stated  in  the  oath  that  the  persons  proposing  to  reg- 
ister is  a minister  of  the  gospel  in  charge  of  an  organized 
church,  then  it  will  be  sufficient  to  aver  therein  two  years 
residence  in  the  State  and  six  months  in  said  election  dis- 
trict), and  am  now  in  good  faith  a resident  of  the  same, 
and  that  I am  not  disqualified  from  voting  by  reason  of 
having  been  convicted  of  any  crime  named  in  the  constitution 
of  this  State  as  a disqualification  to  be  an  elector ; that  I will 
truly  answer  all  questions  propounded  to  me  concerning  my 
antecedents  so  far  as  they  relate  to  my  right  to  vote, and  also  as 
to  my  residence  before  my  citizenship  in  this  district;  that  I 
will  faithfully  support  the  constitution  of  the  United  States 
and  of  the  State  of  Mississippi,  and  will  bear  true  faith  and 
allegiance  to  the  same.  So  help  me  God.” 

In  registering  voters  in  cities  and  towns  not  wholly  in  one 
election  district,  the  name  of  such  city  or  town  may  be  substi- 
tuted in  the  oath  for  the  election  district.  Any  willful  and 
corrupt  false  statement  in  said  affidavit,  or  in  answer  to  any 
material  question  propounded  as  herein  authorized,  shall  be 
perjury. 

(1869,  Art.  VII.,  sec.  3.) 

Sec.  243.  A uniform  poll-tax  of  two  dollars,  to  be  used 
in  aid  of  the  common  schools,  and  for  no  other  purpose,  is 
hereby  imposed  on  every  male  inhabitant  of  this  State  be- 
tween the  ages  of  twenty-one  and  sixty  years,  except  persons 
who  are  deaf  and  dumb  or  blind,  or  who  are  maimed  by  loss 
of  hand  or  foot ; said  tax  to  be  a lien  only  upon  taxable  pro- 
perty. The  Board  of  Supervisors  of  any  county  may,  for 
the  purpose  of  aiding  the  common  schools  in  that  county,  in-^ 
crease  the  poll-tax  in  said  county,  but  in  no  case  shall  the 
entire  poll-tax  exceed  in  any  one  year  three  dollars  on  each 
poll.  Xo  criminal  proceedings  shall  be  allowed  to  enforce 
the  collection  of  the  poll-tax. 

Sec.  244.  On  and  after  the  first  day  of  January,  A.  D. 
1892,  every  elector  shall,  in  addition  to  the  foregoing  qualifi- 
cations, be  able  to  read  any  section  of  the  constitution  of  this 

o-City 


66 


State;  or  he  shall  be  able  to  understand  the  same  when  read 
to  him,  or  give  a reasonable  interpretation  thereof.  A new 
registration  shall  be  made  before  the  next  ensuing  election 
after  January  the  first,  A.  D.  1892. 

Sec.  2d5.  Electors  in  municipal  elections  shall  possess 
all  the  qualifications  herein  prescribed,  and  such  additional 
qualifications  as  may  be  provided  by  law. 

Sec.  265.  No  person  who  denies  the  existence  of  a Su- 
preme Being  shall  hold  any  office  in  this  State. 

(1817,  Art.  VI.,  sec.  6;  1832,  Art.  VII.,  sec.  5;  1869,  Art. 

XII.,  sec.  3.) 

Sec.  268.  All  officers  elected  or  appointed  to  any  office 
in  this  State,  except  judges  and  members  of  the  Legislature, 
shall,  before  entering  upon  the  discharge  of  their  duties  there- 
of, take  and  subscribe  the  following  oath:  “I,  do 

solemnly  swear  (or  affirm)  that  I will  faithfully  support 
the  Constitution  of  the  United  States  and  the  Constitution 
of  the  State  of  Mississippi,  and  obey  the  laws  thereof;  tliat 

I am  not  disqualified  from  holding  the  office  of ; that 

I will  faithfully  discharge  the  duties  of  the  office  upon  which 
I am  about  to  enter.  So  help  me  God.” 

(1817,  Art.  VI.,  sec.  1 ; 1832,  Art.  VII.,  sec.  1;  1869,  Art. 

XII.,  sec.  26.) 


Chapter  V. 


Statutory  Provisions  Applicable  to  Cities  not 
Under  the  Municipal  Chapter  of  the  Code. 

Sec.  80  (79)  APPEAL  TO  CIECUIT  COURT  FROM 
BOARD  OF  SUPERVISORS,  MUNICIPAL  AUTHORI- 
TIES, ETC. — Any  person  aggrieved  by  a judgment  or  decis- 
ion of  the  Board  of  Supervisors,  or  the  municipal  authorities 
of  a city,  town,  or  village  may  appeal  to  the  next  term  of 
Circuit  Court  of  the  county,  and  may  embody  the  facts  and 


(37 


decisions  in  a bill  of  exceptions,  ^yhicli  shall  be  signed  by  the 
person  acting  as  president  of  the  board  or  of  the  municipal 
aathorities;  and  the  clerk  thereof  shall  transmit  the  bill  of 
exceptions  to  the  Circuit  Court  on  or  before  the  first  day  of 
the  next  succeeding  term,  or  at  once  if  the  court  be  in  session, 
and  the  court  shall  hear  and  determine  the  same  on  the  case 
as  presented  by  the  bill  of  exceptions  as  an  appellate  court, 
and  shall  affirm  or  reverse  the  judgment;  and  if  the  judgment 
be  reversed,  the  Circuit  Court  shall  render  such  judgment  as 
the  board  or  municipal  authorities  ought  to  have  rendered, 
and  certify  the  same  to  the  Board  of  Supervisors  or  municipal 
authorities,  and  costs  shall  be  awarded  as  in  other  cases.  The 
Board  of  Supervisors  or  municipal  authorities  may  employ 
counsel  to  defend  such  appeals,  to  be  paid  out  of  the  county 
or  municipal  treasury. 

Sec.  81  (SO)  APPEAL  FKOM  ASSESSMENT  OF 
TAXES. — Any  person  aggrieved  by  a decision  of  the 
Board  of  Supervisors  or  the  municipal  authorities  of  a city, 
town,  or  village,  as  to  the  assessment  of  taxes,  may,  within 
five  days  after  the  adjournment  of  the  meeting  at  which 
such  decision  is  made,  appeal  to  the  Circuit  Court  of  the 
county,  upon  giving  bond,  with  sufficient  sureties  in  double 
the  amount  of  the  matter  in  dispute,  but  never  less  than  one 
hundred  dollars,  payable  to  the  State,  and  conditioned  to 
perform  the  judgment  of  the  Circuit  Court,  and  to  be  ap- 
proved b}^  the  clerk  of  such  board,  who,  upon  the  filing  of  such 
bond,  shall  make  a true  copy  of  any  papers  on  file  relating 
to  such  controversy,  and  file  such  copy,  certified  by  him,  with 
said  bond,  in  the  office  of  the  clerk  of  the  Circuit  Court,  on 
or  before  its  next  term;  and  the  controversy  shall  be  tried 
anew  in  the  Circuit  Court  at  the  first  term,  and  be  a prefer- 
ence case,  and,  if  the  matter  be  decided  against  the  person 
who  appealed,  judgment  shall  be  rendered  on  the  appeal-bond 
for  damages  at  the  rate  of  ten  per  centum  on  the  amount 
in  controversy  and  all  costs.  If  the  matter  be  decided  in 
favor  of  the  person  who  appealed,  judgment  in  his  favor  shall 
be  certified  to  the  Board  of  Supervisors,  or  the  municipal 
authorities,  as  the  case  may  be,  which  shall  conform  thereto, 
and  shall  ]oay  the  costs. 

Sec.  87  (80)  APPEALS  IN  CRIMINAL  CASES.— In 
all  cases  of  conviction  of  a criminal  offense  against  the  laws 
of  the  State,  by  a judgment  of  a Justice  of  the  Peace,  or 
by  the  Alayor  or  Police  Justice  of  a city,  town,  or  village 
for  the  violation  of  an  ordinance  thereof,  an  appeal  may  be 
taken  to  the  Circuit  Court  of  the  county  whicli  shall  stay 
the  judgment  appealed  from;  and  the  appellant,  if  sentenced 


68 


to  imprisonment  for  an  offense  or  to  stand  committed  until 
his  fine  and  costs  shall  be  paid,  may  be  relieved  from  such  im- 
prisonment or  commitment  pending  his  appeal,  by  giving 
bond  Avith  sufficient  resident  sureties  or  one  or  more  guaranty 
or  surety  companies  authorized  to  do  business  in  this  State, 
to  be  approved  by  the  Justice,  Mayor  or  Police  Justice,  pay- 
able to  the  State,  in  the  penalty  of  not  less  than  one  hun- 
dred dollars  nor  more  than  five  hundred  dollars,  to  be  de- 
termined by  the  Justice,  Mayor  or  Police  Justice  in  reference 
to  the  grade  of  the  offense,  as  indicated  by  the  judgment 
and  the  ability  of  the  appellant  to  give  'bond,  conditioned  to 
appear  before  the  Circuit  Court  at  the  next  term  after  such 
appeal  sliall  be  taken,  to  ansAver  to  the  charge  against  him, 
and  so  to  continue  until  disc^aaiged.  On  his  appearance  in 
the  Circuit  Court  the  case  shall  be  tried  aneAv  and  be  disposed 
of  as  other  cases  pending  therein;  and  on  default  of  such  de- 
fendant a forfeiture  shall  be  entered  against  him  and  his 
sureties.  On  the  trial  in  the  Circuit  Court  of  any  case  on  such 
appeal,  the  affidavit  charging  the  offense,  and  other  proceedings 
may  be  amended  at  any  time  before  verdict,  so  as  to  bring  the 
merits  of  the  case  fairly  to  trial  on  the  charge  intended  to  be 
embraced  in  the  affidavit. 

Sec.  88  (87)  APPEALS  WITHOUT  SUPEKSE- 

DEAS. — Any  person  Av^ho  shall  have  been  convicted  of  a crim- 
inal offense  against  the  laAvs  of  this  State,  by  the  judgment 
of  a Justice  of  the  Peace,  or  by  the  Mayor,  or  Police 
Justice  of  a city,  toAvn,  or  Aullage  for  the  violation  of  an 
ordinance  thereof,  Avho  by  reason  of  his  poverty  is  not  able 
to  giA-e  bond  as  prescribed  in  the  preceding  section,  may 
nevertheless  appeal  from  such  conviction  on  his  making 
an  affidavit  that,  by  reason  of  his  poverty,  he  is  unable  to  give 
bond  or  other  security  to  obtain  such  appeal,  but  the  appeal 
in  such  case  shall  not  operate  as  a supersedeas  of  the  judg- 
ment, nor  discharge  the  appellant  from  custody,  but  the  judg- 
ment shall  be  executed  as  if  an  appeal  had  not  been  taken,  and 
this  shall  not  affect  the  trial  of  the  case  aneAv  in  the  Circuit 
Court. 

Sec.  89  (88)  PAPERS  TRANSMITTED  TO  CIR- 
CUIT CLERK. — The  Justice  of  the  Peace,  or  Mayor,  or 
Police  Court  from  \Affiose  judgment  convicting  of  a criminal 
offense  an  apj^eal  shall  be  taken,  shall  at  once  transmit  to  the 
clerk  of  the  Circuit  Court  the  bond  taken  by  him  and  a 
certified  copy  of  his  record  of  the  case,  AAuth  all  the  original 
papers  in  the  case,  as  in  appeals  in  chfil  cases.  If  an  appeal 
be  taken  from  a judgment  conAUcting  of  a criminal  offense, 
during  a session  of  the  Circuit  Court  of  the  county,  the 


69 


transcript  and  papers  shall  be  returned  to,  and  the  case 
triable  at  that  term  of  the  court,  and  the  bond  shall  bind 
the  defendant  accordingly,  and  the  clerk  of  the  Circuit  Court 
shall  docket  the  case  on  the  State  docket,  and  shall  be 
entitled  to  like  fees  as  in  other  cases.  The  Justice  of  the 
Peace,  Mayor,  or  Police  Justice  shall  be  liable  for  the  amount 
of  the  bond,  if  he  fail  to  require  a good  and  sufficient  one. 
If  the  Justice  of  the  Peace  shall  fail  to  make  up  his  transcript 
of  the  record  and  transmit  the  same  to  the  Circuit  Clerk 
within  ten  days  after  the  appeal  bond  is  given,  the  Circuit 
Court  shall  disallow  his  court  costs  in  the  case. 

Sec.  91  (93)  STATE,  COUNTY,  MUNICIPALITY, 
AND  PUBLIC  OFFICERS  MAY  APPEAL  AYITHOUT 
BOND. — The  State,  and  any  county,  city,  town  or  yillage 
thereof,  and  the  officials  representing  the  State,  county,  city, 
town  or  yillage,  in  any  suit  or  action,  and  any  State,  county, 
city,  town  or  yillage  officer  who  is  a party  to  any  suit  or 
action  in  his  official  character,  in  which  suit  or  action  the 
State,  county,  city,  town,  or  yillage  is  beneficially  interested, 
and  the  seyeral  incorporated  charitable  or  educational  institu- 
tions established  and  maintained  by  the  State,  shall  be  en- 
titled to  appeal  from  judgment,  decree,  decision,  or  order 
of  any  court  or  judge,  from  which  an  a|3peal  may  be  taken, 
without  giving  an  appeal-bond;  and  in  such  a case,  if  an  appeal 
bond  would  operate  as  a supersedeas,  in  favor  of  a private 
person,  the  appeal,  without  a bond,  shall  have  the  same  effect 
in  the  cases  herein  provided  for;  and  this  provision  shall 
apply  to  all  the  courts  of  the  State. 

Sec.  926  (855)  The  same;  authorities  to  regulate  tele- 
graph and  telephone  lines. — The  board  of  supervisors  of  any 
county,  and  the  authorities  of  any  city,town  or  village  through 
which  any  telegraph  or  telephone  line  may  pass,  shall  have 
jDOwer  to  regulate,  within  their  respective  limits,  the  manner 
in  which  the  same  shall  be  constructed  and  maintained,  with 
a view  to  the  safe  and  convenient  use  of  the  public  high- 
ways and  streets;  and  if  the  proprietors  of  any  telegraph 
or  telephone  line  refuse  or  omit  to  comply  with  such  regula- 
tions, the  board  of  supervisors,  or  the  authorities  of  the  city, 
town,  or  village,  may  cause  such  line  to  be  abated  within 
its  jurisdiction  as  a nuisance. 

Sec.  927  (856)  The  same;  damages,  etc. — Telegraph 

and  telephone  companies  or  associations  shall  be  responsible 
for  any  damages  which  any  person  shall  sustain  by  the  erec- 
tion, continuance,  and  use  of  such  line  and  the  fixtures  there- 
of; and  in  any  action  for  the  recovery  thereof  brought  by 
any  owner  or  possessor  of  land  over  or  along  Avhich  such 


70 


line  may  run,  damages  shall  be  assessed  for  the  permanent 
continuance  of  such  line  and  fixtures,  and  on  payment  there- 
of the  right  to  continue  and  use  such  line  and  fixtures  shall 
exist  as  if  by  leave  and  license  of  the  owner  of  the  land. 

Sec.  2283  (2098).  Inspectors  of  food  appointed.  The 
board  of  supervisors  of  every  county,  and  the  mayor  and 
board  of  aldermen  of  every  city,  town,  and  village,  respec- 
tively, may  appoint  and  commission  a suitable  person  to  be 
inspector  of  food,  and  said  boards  may  direct,  from  time  to 
time,  what  kinds  of  food  shall  be  inspected. 

Sec.  3909  (3412)  Restrictions  on  taxation  of  privileges, 
etc.  Tlie  privilege  tax,  as  above  proviucd,  shall  not  be  taxed 
by  the  board  of  supervisors  of  any  county;  nor  shall  they  be 
subject  to  taxation  by  any  municipality  to  an  amount  exceed- 
ing fifty  per  centum  of  the  tax  specified,  unless  expressly  pro- 
vided for  by  law,  and  a tax  shall  not  Ibe  levied  by  a county 
or  municipal  authority  on  the  privilege  tax  imposed  on  insur- 
ance comi)anies,  telegraph,  express,  or  sleeping-car  companies, 
building  and  loan  associations  and  commercial  agency,  which 
shall  pay  the  tax  levied  as  above  to  the  state  treasurer,  and  re- 
ceive license  from  the  auditor  of  public  accounts. 

Sec.  3440  (3055)  APPLICATION  OF  THE  CHAPTER. 
The  provisions  of  this  chapter  (municipal  chapter)  shall  not 
apply  to  any  existing  municipality  in  the  State  to  w^hich  at  the 
date  of  the  adoption  of  this  chapter  the  provisions  of  chapter 
93  of  the  annotated  code  of  Mississippi  for  1892  were  not 
apj)licable,  unless  by  a majority  vote  of  the  electors  therein, 
cast  at  a general  or  special  election  held  for  the  purpose,  it 
be  determined  to  come  under  the  operation  of  this  chapter. 
Such  election  shall  be  ordered  and  held  by  the  municipal  au- 
thorities on  the  petition  of  one-fourth  of  the  electors,  notice 
thereof  being  given  as  of  other  elections.  At  such  election, 
those  favoring  the  operation  of  the  chapter  as  applicable 
to  the  municipality  shall  have  w^ritten  or  printed  on  their 
ballots,  “For  the  code  provisions,”  and  those  opposed,  “Against 
the  code  provisions.”  If  a majority  of  the  legal  votes  cast 
■are  in  favor  of  adopting  the  code  provisions  then  the  muni- 
cipality shall  be  subject  to  and  governed  by  all  the  pro- 
visions of  this  chapter,  and  the  result  of  the  election  shall 
be  certified  to  the  secretary  of  state,  wdio  shall  make  a record 
of  same  in  his  office.  If  a majority  of  the  votes  cast  shall  be 
against  the  code  provisions,  the  municipal  authorities  shall 
so  enter  of  record,  and  another  election  submitting  the  ques- 
tion shall  not  be  held  in  two  years  thereafter.  After  the 
rejection  of  the  provisions  of  this  chapter  by  a municipality, 


71 


and  until  its  acceptance  thereof  as  herein  provided,  the  cor- 
porate powers,  rights  and  franchises  thereof  shall  be  and  re- 
main as  now  provided  b}-  law. 

Sec.  3444  (3089).  HOW  CHARTER  OF  MUNICI- 
PALITY NOW  EXISTING  MAY  BE  xAMENDED  (Laws 
1900,  ch.  G9). — Mdien  a municipality  now  existing,  which  has 
not  come  under  the  provisions  of  this  chapter,  but  is  governed 
by  an  independent  charter,  shall  desire  to  amend  its  charter, 
the  same  may  be  done  in  this  way:  The  mayor  and  board 

of  aldermen,  city  council,  or  municipal  authority,  by  whatever 
name  known,  may  prepare,  in  writing,  the  desired  amendment 
or  amendments  and  have  the  same  published  for  three  weeks 
in  a newsjDaper  published  in  the  municipality,  if  there  be  one, 
and,  if  none,  then  by  posting  for  said  time  in  at  least  three 
public  places  therein,  after  which  the  proposed  amendment 
or  amendments  shall  be  submitted  to  the  governor,  who  shall 
submit  the  same  to  the  attorney-general  for  his  opinion.  If 
the  attorney-general  be  of  the  opinion  that  the  proposed 
amendment  or  amendments  are  consistent  with  the  constitu- 
tion and  laws  of  the  United  States  and  of  the  constitution 
of  this  State,  even  though  inconsistent  with  the  provisions  of 
this  chapter,  the  governor  shall  approve  the  proposed  amend- 
ment or  amendments.  If,  after  publication  mad-^,  one-tenth 
of  the  qualified  electors  of  the  municipality  shall  protest 
against  the  proposed  amendments,  or  any  of  them,  the  gov- 
ernor shall  not  approve  the  ones  protested  against  until  they 
shall  be  submitted  to  and  ratified  by  a majority  of  the 
electors  of  the  municipality.  Amendments,  when  approved 
by  the  governor,  shall  be  recorded,  at  the  expense  of  the 
municipality,  in  the  office  of  the  Secretary  of  State,  and  upon 
the  records  of  the  mayor  and  board  of  aldermen,  and  when 
so  recorded,  shall  have  the  force  and  effect  of  law.  A muni- 
cipality not  governed  by  this  chapter  may  change  its  cor- 
porate limits  under  the  provisions  of  this  chapter. 


72 


Chapter  VI. 


Code  1906  Sections  : 

Sec.  3441  (3036)  CERTAIN  SECTIONS  APPLICA- 
BLE TO  ALL  MUNICIPALITIES.— The  following  sec- 
tions of  this  chapter  shall  apply  to  all  cities,  towns  and  vil- 
lages from  and  after  it  becomes  operative,  viz:  The  section 

numbered  3319,  entitled,  “Third.  Nuisances  and  cognate  mat- 
ters;” the  section  numbered  3329,  entitled  “Thirteenth.  Police 
regulations;”  the  section  numbered  3345,  entitled  “Twenty- 
ninth.  To  erect  and  maintain  a municipal  prison  and  to 
regulate  the  keeping  of  the  same  and  the  prisoners  therein;” 
the  section  numbered  3350,  entitled  “Thirty-fourth.  May 
prescribe  maximum  rates  and  charges  for  water,  light  or 
gas;”  the  section  numbered  3351,  entitled  “Thirty-fifth.  To 
cause  enumeration  of  inhabitants  to  be  made;”  the  section 
numbered  3388,  entitled  “The  same,  special  meetings;”  the 
section  numbered  3430,  entitled  “Statements  to  be  published; 
penalty  for  increasing  expenditures;”  the  section  numbered 
3431,  entitled  “Penalty  for  unauthorized  appropriations;” 
the  section  numbered  3432,  entitled  “The  clerk  to  be  auditor;” 
and  the  section  numbered  3433, entitled^‘Election, who  entitled 
to  register  and  vote.”  Section  3301  “Limits  and  boundaries;” 
section  3337,  “Twenty-first.  Eminent  domains,  streets,  etc.” 

Sec.  3319  (2928)  Third.  NUISANCES  AND  COG- 
NATE MATTERS. — To  make  regulations  to  secure  the  gen- 
eral health  of  the  municipality;  to  prevent,  remove,  and 
abate  nuisances;  to  regulate  or  prohibit  the  construction  of 
jirivy-vaults  and  cess-pools,  and  to  regulate  or  suppress  those 
already  constructed;  to  compel  and  regulate  the  connection 
of  all  property  with  sewers  and  drains;  to  suppress  hog- 
pens, slaughter-houses,  and  stock-yards,  or  to  regulate  the 
same  and  prescribe  and  enforce  regulations  for  cleaning  and 
keeping  the  same  in  order,  and  the  cleaning  and  keeping  in 
order  of  warehouses,  stables,  alleys,  yards,  private  ways,  out- 
houses and  other  places  where  offensive  matter  is  kept  or 
liermitted  to  accumulate;  and  to  compel  and  regulate  the 
removal  of  garbage  and  filth  beyond  the  corporate  limits. 

Sec.  3329  (2938)  Thirteenth.  POLICE  REGULA- 

TIONS.— To  make  all  needful  police  regulations  necessary 
for  the  preservation  of  good  order  and  the  peace  of  the  muni- 
cijiality;  and  to  prevent  injury  to,  destruction  of,  or  inter- 
ference with  public  or  private  property;  and  to  adopt  ordi- 


73 


nances  prohibiting  within  the  corporate  limits  the  commis- 
sion of  any  act  which  amounts  to  a misdemeanor  under  the 
laws  of  the  state. 

Sec.  33d5  (2954)  Twenty-ninth.  TO  ERPICT  AND 
MAINTAIN  A MUNICIPAL  PRISON,  AND  TO  RPIGU- 
LATE  THE  KEEPING  OF  TPIE  SAME  AND  THE 
PRISONERS  THEREIN. — To  construct  and  maintain  a 
municipal  prison,  and  regulate  the  keeping  of  same  and  the 
prisoners  therein;  but  males  and  females  shall  be  confined 
in  separate  cells  or  compartments,  and  also  the  whites  and 
blacks  shall  be  kept  separate;  or  contract  with  the  board  of 
supervisors,  which  is  empowered  in  the  premises,  for  the  use 
of  the  county  jail  for  the  use  of  the  municipality;  to  pro- 
vide for  the  working  of  the  streets  by  municipal  prisoners, 
and  to  contract  with  the  county  for  such  work  by  county 
prisoners,  or  for  the  working  of  county  roads  by  municipal 
prisoners,  or  for  working  same  on  the  county  farms.  But 
municipal  prisoners  shall  not  be  worked  on  county  roads  or 
countv  farms  except  in  the  county  in  which  the  municipality 
is  situated. 


Sec.  3350.  Thirty -fourth.  MAY  PRESCRIBE  MAXI- 
MUM RATES  OR  CHARGES  FOR  WATER,  LIGHT,  OR 
GAS  (Laws  1904,  p.  261). — To  prescribe  by  ordinance  maxi- 
mum rates  and  charges  for  the  supply  of  water,  electric 
light  or  gas  furnished  by  an  individual,  company  or  corpora- 
tion to  the  municipality  and  its  inhabitants,  such  rates  and 
charges  to  be  just  and  reasonable.  If  the  rates  and  charges 
prescribed  be  unjust  and  unreasonable,  they  may  be  reviewed 
and  determined  by  the  chancery  court  of  the  county,  but  the 
authority  hereby  granted  shall  not  be  construea  so  as  to  im- 
pair the  effect  or  obligation  of  any  valid  or  binding  contract 
with  any  water-works  company,  electric  light  company  or 
gas  company  now  existing  or  heretofore  made. 

Sec.  3351  TUrty-fftli.  TO  CAUSE  ENUMERATION 
OF  INHABITANTS  TO  BE  MADE.— The  board  of  mayor 
and  aldermen  may,  whenever  they  deem  proper,  order  an 
enumeration  of  the  inhabitants  of  the  municipality  to  be 
made,  and  may  employ  a suitable  person  or  persons  to  niake 
such  enumeration,  and  may  pay  a reasonable  compensation 
for  such  service.  Such  enumeration  shall  be  ordered  and 
made  whenever  as  many  as  ten  per  centum  of  the  qualified 
electors  of  the  municipality  petition  therefor.  The  enumera- 
tion when  so  made  and  approved  by  the  said  municipal 
authorities  as  correct  shall  be  certified  by  them  to  the  gov- 
ernor, as  provided  l>y  section  3308,  and  shall  also  be  certified 
by  them  to  the  chancery  clerk  of  the  county  in  which  the 


74 


municipality  is  located.  And  thereafter  in  all  cases  in  which 
the  amount  of  privilege  tax  is  based  upon  the  number  of  in- 
habitants, all  privilege  licenses  issued  by  the  sheriff  and  by 
the  city  tax-collector  shall  be  based  upon  and  collected  in 
accordance  with  the  number  of  inhabitants  shown  by  such  enu- 
meration. The  said  enumeration  shall  control  in  all  other 
cases  involving  the  population  of  such  municipality. 

Sec.  3388  (2990)  THE  SAME;  SPECIAL  MEET- 
INGS.— The  mayor  or  any  two  aldermen  may,  by  written 
notice,  call  a special  meeting  of  the  mayor  and  board  of 
aldermen  for  the  transaction  of  important  business.  The 
notice  must  state  the  time  of  meeting  and  distinctly  specify 
the  subject-matters  of  business  to  be  acted  upon;  it  must 
be  signed  by  the  officer  or  officers  calling  the  meeting,  and 
must  be  served  by  the  marshal,  or  any  policeman,  on  the 
members  of  the  board,  including  the  mayor,  who  have  not 
signed  it,  and  who  can  be  found  personally,  at  least  three 
hours  before  the  time  fixed  for  the  meeting;  said  notice, 
with  the  endorsement  of  its  service,  shall  be  entered  on  the 
minutes  of  the  special  meeting,  and  business  not  specified 
therein  shall  not  be  transacted  at  the  meeting;  but  a member 
of  the  board  shall  not  receive  pay  for  attending  a special 
meeting. 

Sec.  3430  (3026)  STATEMENTS  TO  BE  PUBLISH- 
ED; PENALTY  FOB  INCBEASING  EXPENDITUBES. 
— The  mayor  and  board  of  aldermen  shall  publish  on  the 
first  of  October,  annually,  a statement  showing  the  amount 
of  taxes  and  other  moneys  collected  during  the  preceding 
year,  giving  each  source  of  income,  the  amount  of  expendi- 
tures in  detail,  stating  for  what  purpose  made.  The  state- 
ment shall  show  the  resources  and  indebtedness  of  the  muni- 
cipality at  the  beginning  of  the  fiscal  year  and  at  its  close, 
and  it  must  be  spread  on  the  minutes  of  the  board.  If  there 
have  been  an  increase  of  taxation  as  compared  with  the 
year  next  preceding,  or  if  the  indebtedness  of  the  munici- 
pality have  increased  during  the  year,  by  contract  or  by  or- 
dinance participated  in  or  voted  for  by  the  mayor  and  aider- 
men,  unless  the  increase  be  authorized  by  the  electors  as  pro- 
vided in  this  chapter,  the  mayor  and  aldermen  shall  be 
suspended  from  office,  and  the  governor  shall  appoint  their 
successors,  who  shall  hold  until  the  next  election  and  quali- 
fication of  officers  thereunder.  In  case  of  an  increase  of  in- 
debtedness not  so  authorized,  the  mayor  and  aldermen  shall 
not  succeed  themselves  or  each  other.  In  towns  or  villages 
of  less  than  one  thousand  inhabitants  the  mayor  an  board  of 
aldermen  may  have  the  statement  in  this  section  required 
posted  in  a conspicuous  place  in  the  municipality  or  published 


in  a newspaper.  The  other  mimicipalities  shall  cause  it  to 
be  published  in  a newspaper,  if  there  be  one  therein,  otherwise 
it  must  be  posted  in  at  least  three  public  places  in  the  muni- 
cipality. 

Sec.  3431.  PENALTY  FOE  UNAUTHORIZED  AP- 
PEOPEIATION. — If  a majmr  or  member  of  the  board  of 
aldermen  of  a municipality  shall  knowingly  vote  for  the 
payment  of  any  claim  not  authorized  by  law,  he  shall  be 
subject  to  indictment,  and  upon  conviction  be  fined  in  a sum 
not  exceeding  double  the  amount  of  such  unlawful  claim  or 
appropriation,  or  may  be  imprisoned  in  the  county  jail  for 
not  more  than  three  months,  or  both  such  fine  and  imprison- 
ment. 

Sec.  3432  (3027)  THE  CLERK  TO  BE  AUDITOR.— 
The  clerk  shall  be  the  auditor  of  the  municipality.  He  shall 
keep  a well-bound  book,  in  which  he  shall  enter  and  preserve 
accounts  of  each  particular  fund,  and  the  accounts  of  each 
municipal  officer.  The  treasurer  shall  not  receive  money 
from  any  source  until  the  same  has  been  reported  to  the 
clerk  and  audited  and  a receipt-warrant  issued  therefor.  All 
fines  and  forfeitures  shall  be  reported  by  the  officer  collect- 
ing the  same  immediately  after  such  collection,  and  be  paid 
into  the  treasury.  The  books  of  the  auditor  shall  be  subject 
to  inspection  by  the  tax-payers  of  the  municipality  at  any 
time  during  the  business  hours. 

Sec.  3433  (3028)  ELECTION;  WHO  ENTITLED  TO 
REGISTER  AND  VOTE. — Every  person  who  is  a qualified 
elector  of  the  county,  who  has  resided  within  the  corporate 
limits  for  one  year  next  before  he  offers  to  vote,  and  who 
is  not  in  default  for  taxes  due  the  municipality  for  the 
two  preceding  years,  and  who  has  not  within  two  years 
prior  to  the  election  at  which  he  may  offer  to  vote,  been 
convicted  of  violating  within  such  corporate  limits  any  of  the 
laws  of  this  State,  or  the  municipality,  declaring  how,  when, 
where  and  by  whom,  vinous,  alcoholic,  malt,  intoxicating  or 
spirituous  liquors  may  be  sold,  shall  be  entitled  to  register  and 
vote  at  all  municipal  elections.  But  no  person  shall  be  allowed 
to  vote  unless  he  shall  be  registered  in  the  municipality  four 
months  before  the  election  at  which  he  offers  to  vote. 

Sec.  3301  (2912a)  LIMITS  AND  BOUNDARIES  OF 
(Laws  1902,  ch.  103). — The  limits  and  boundaries  of  the 
existing  cities  or  towns  shall  remain  as  now  established  until 
altered,  as  herein  provided.  To  enlarge  or  contract  the 
boundaries  of  a city  or  town  by  adding  thereto  adjacent  unin- 
corporated territory,  or  excluding  therefrom  any  part  of  the 


76 


incorporated  territory  of  such  municipality,  it  shall  be  neces- 
sary for  the  municipal  authorities  to  pass  an  ordinance  de- 
fiuins:  with  certainty  the  territory  which  it  is  proposed  to 
include  in  or  exclude  from  the  corporate  limits  and  also 
defining  the  entire  boundary  as  changed.  Any  two  or  more 
cities  or  towns  situated  and  being  adjacent  or  sufficiently 
near  each  other  may  combine  into  and  become  one  munici- 
pality, in  which  event  it  shall  be  necessary  for  the  municipal 
boards  of  mayor  and  aldermen  of  each  of  said  municipalities 
so  proposing  to  unite  into  one  municipality  to  pass  an  ordi- 
nance at  a regular  meeting  of  said  board  declaring  the  in- 
tention of  said  city  or  town  to  unite  with  such  municipality 
or  municipalities  as  it  is  proposed  to  combine  into  one  muni- 
cipality, defining  with  certainty  the  name  of  the  municipality 
that  shall  be  so  formed  and  the  territory  which  it  includes, 
when  so  formed,  and  the  entire  boundary  thereof;  provided, 
that  the  provisions  of  this  act  shall  not  apply  to  towns  with 
a population  of  less  than  five  hundred,  and  no  cities  or  towns 
shall  combine  into  one  municipality  where  their  present  cor- 
porate limits  are  more  than  three  miles  apart. 

Sec.  3337  (2946)  Twenty-first.  EMINENT  DOMAIN; 
STKEETS,  ETC.  (Laws  1897,  ch.  27). — To  exercise  the  rights 
of  eminent  domain  in  the  laying  out  of  streets,  avenues,  alleys 
and  parks,  and  in  the  laying  out  and  construction  of  levees 
to  j)rotect  any  municipal  corporation  from  overflow,  and  in 
the  straightening  or  widening  of  streets,  or  changing  the 
grade  thereof,  and  the  construction  or  repairing  of  side-walks, 
sewers  and  other  needed  repairs  and  improvements,  and  for 
the  purpose  of  acquiring  ownership  -and  possession  of  land 
for  public  school  purposes,  and  for  the  purpose  of  erecting 
or  perfecting  a system  of  levees  for  the  protection  of  such 
corporation  or  its  drainage  system  it  may  exercise  ^he  right 
without  as  well  as  within  its  limits;  and  this  right  may  be 
exercised  by  any  corjmration  even  though  not  operating  under 
the  provisions  of  this  chapter. 


77 


Chapter  VII. 


Ordinances  of  a Civil  Nature. 

Board  Proceedings. 


AN  ORDINANCE,  to  provide  for  the  government  of  the  proceedings  of 
the  sessions  of  the  Board  of  Mayor  and  Aldermen. 


Be  it  ordained  by  the  Mayor  and  Aldermen  of  the  City 
of  Vicksburg, 

First,  That  hereafter  no  person  shall  be  allowed  to  ad- 
dress the  board,  without  first  obtaining  the  permission  of  the 
same  by  a majority  of  the  Aldermen  present  at  any  meeting, 
when  such  application  to  address  the  board  shall  be  pre- 
sented. 

Second,  That  no  more  than  one  person  shall  address  the 
Board  of  Mayor  and  Aldermen  at  the  same  time,  and  if  any 
person  shall  interrupt  any  Aldermen  Avhile  speaking  or  any 
person  who  has  been  permitted  to  address  the  board,  such 
person  'so  interrupting  shall  be  fined  for  contempt  in  any 
sum  not  exceeding  Fifty  Dollars  and  committed  until  such 
fine  and  the  costs  shall  be  paid. 

Be  it  further  ordained.  That  this  ordinance  shall  take 
effect  and  be  in  force  from  and  after  its  passage. 

Ordained  August  dth,  1876. 

Approved  August  5th,  1876. 

O.  B.  P.  18. 


Sidewalk  Ordinance. 


AN  ORDINANCE  to  provide  for  the  building,  renewing  or  repairing  of 
sidewalks  and  gutters  in  the  City  of  Vicksburg. 


Sec.  1.  Be  it  ordained  by  the  ^layor  and  Aldermen  of 
the  City  of  Vicksburg.  That  when  it  shall  appear,  that  any 
sidewalk  or  gutter  in  the  City  of  Vicksburg  fronting  on  pri- 


78 


vate  property  should  be  built,  renewed  or  repaired  with  stone, 
brick  or  wood,  or  other  material,  a resolution  shall  be  adopted 
by  this  Board  requiring  the  owner  of  such  property  to  repair 
oi’  renew  or  build  the  sidewalk,  or  gutter,  fronting  such  prop- 
erty with  brick  (stone  or  wood)  at  his  own  cost,  within  twenty 
days;  and  the  City  Clerk  shall  issue  a noitce  substantially  as 
follows : 

Vicksburg,  Miss.,  19.... 

To  Mr 

Pursuant  to  a resolution  of  the  Mayor  and  Aldermen  of 

the  City  of  Vicksburg,  adopted  on  the  ....  day  of 19 . . 

you  are  hereby  uotitied  to  repair  (renew  or  rebuild)  with 
brick  (stone  or  wood)  the  side  walk  (or  gutter,  on 

the side  of street  in  said  City  fronting 

your  property  in  lot in  square of 

Unless  done  within  twenty  days  from  date  of  the 

service  of  this  notice,  the  same  will  be  done  by  the  City  at 
the  expense  of  said  property. 


City  Clerk. 

Sec.  2.  Be  it  further  ordained.  That  said  City  Clerk 
shall  deliver  said  notices  to  the  City  Marshal,  who  shall  en- 
dorse thereon  the  date  of  its  receipt  by  him  and  he  shall 
within  five  days  after  receiving  the  same,  serve  it  (by  himself 
or  a i>oliceman)  upon  the  party  to  whom  it  is  addressed  in 
one  of  the  following  modes : 

1st.  Upon  such  party  personally  by  handing  him  a true 
copy  of  such  notice. 

2nd.  If  such  jiarty  cannot  be  found  in  the  City  then 
by  delivering  a true  copy  of  such  notice  to  the  occupant  of  v 
the  property  mentioned  (if  occupied)  or  to  the  agent  of  the 
owner,  if  he  has  one  in  the  City. 

3rd.  If  the  party  to  whom  the  note  is  addressed  or  his 
agent  cannot  be  found  in  the  City  and  the  property  is  un- 
occupied, the  City  Marshal  or  Policeman  shall  post  a true  copy 
of  such  notice  at  some  conspicuous  place  upon  such  prop- 
erty. 

After  service  of  such  notice,  in  one  of  the  foregoing 
modes,  the  original  shall  be  endorsed  by  the  person  who  shall 
have  served  the  same  as  follows: 

Executed  this day  of 19 ... . 

City  Marshal. 

B}" Policeman. 


79 


And  said  original  notice  shall  then  be  returned  to  the 
City  Clerk. 

Sec.  3.  Be  it  further  ordained,  That  upon  the  failure 
or  refusal  of  such  owner,  his  agent,  or  lessee,  to  build,  renew 
or  repair  such  sidewalk  or  gutter,  as  required  by  such  reso- 
lution and  notice,  within  the  time  prescribed  and  fixed  by 
such  notice,  the  City  Marshal,  under  the  direction  of  the 
Chairman  of  the  Street  Committee,  shall  have  said  work  done, 
and  shall  report,  in  writing  to  the  City  Clerk  and  to  the 
Assessor  and  Collector,  tlie  cost  of  such  work  to  the  City, 
and  such  costs  when  approved  by  the  Chairman  of  the 
Street  Committee,  shall  be  allowed  by  this  Board  and  paid 
out  of  the  City  Treasury. 

Sec.  4.  Be  it  further  ordained,  That  when  any  such 
costs  have  been  allowed  and  made  a charge  upon  the  City 
Treasury  as  provided  above  the  City  Clerk  shall  endorse 
said  allowance,  and  the  date  thereof  upon  the  City  Marshals 
report  to  him  and  attach  the  same  to  the  original  notice 
returned  to  him  by  the  City  Marshal  and  deliver  the  whole 
to  the  City  Assessor  and  Collector,  who  shall  add  the  amount 
of  such  allowance,  with  twenty-five  per  cent  damages,  to 
the  tax  levy  upon  said  property  next  thereafter  to  be  col- 
lected and  collect  the  same  with  said  taxes  in  the  same 
mode  and  manner  provided  for  the  collection  of  City  reve- 
nue from  real  estate.  All  the  papers  in  such  matter  deliv' 
ered  to  the  City  Assessor  and  Collector  shall  be  filed  and 
safely  kept  by  him,  as  evidence  of  his  authority  for  adding 
the  amount  to  said  City  tax  on  said  property. 

Sec.  5.  Be  it  further  ordained  that  all  ordinances  or  part 
of  ordinances  in  confict  with  this  ordinance  be  and  they  are 
hereby  repealed  and  that  this  ordinance  shall  take  effect  and 
be  in  force  from  and  after  its  passage. 

Ordained  this  iTth  day  of  October,  1881. 

Approved  this  18th  day  of  October,  1881. 

O.  B.  p.  136-138. 

Note. — But  the  owner  of  a lot  fronting  the  sidewalk  or  gutter  so  built  or 
repaired  may  pay  one  fifth  of  the  cost  of  building,  renewing  or  re- 
pairing such  sidewalk  or  gutter,  in  cash,  and  shall  he  entitled  to  an 
extension  of  the  balance,  payable  in  equal  installments,  in  1,  2,  3 
and  4 years,  with  interest  at  the  rate  of  eight  per  cent,  per  annum, 
provided  such  owner  will  execute  his  promissory  notes  for  each  of 
said  installments.  Said  installment  notes  shall  be  assessed  by  the 
Assessor  against  the  property  of  the  maker  fronting  or  abutting  up- 
on the  sidewalk  so  built,  renewed  or  repaired,  and  shall  constitute  a 
first  lien  thereon  until  paid 

City  Charter,  Ait.  14,  as  amended  by  Ordinance  of  April  3,  1906. 


80 


Assessment  Ordinance. 

AN  ORDINANCE  entitled  an  “Assessment  Ordinance.” 


Sec.  1.  Be  it  ordained  by  the  Mayor  and  Aldermen  of 
the  City  of  Vicksburg,  That  the  owner  of  all  taxable  prop- 
erty within  the  said  City,  on  the  first  day  of  February  of 
each  year  shall  be  assessed  with  such  property  for  taxation 
for  such  year. 

Sec.  2.  Be  it  further  ordained.  That  the  Assessor  and 
Collector  shall  apply  to  each  property  owner,  or  his  or  her 
agent  for  a sworn  valuation  or  assessment  of  property  on 
blanks  similar  to  those  prescribed  by  law,  for  State  and 
County  Assessments,  but  no  neglect  to  make  such  personal 
application  shall  invalidate  any  assessment.  The  Assessor  and 
Collector  shall  report  to  the  Board  of  Mayor  and  Aldermen 
any  under  valuation  and  he  shall  assess  at  its  proper  value 
any  property  to  whose  owner  or  agent  he  cannot  person- 
ally apply.  See  Charter,  sec.  30. 

Sec.  3.  Be  it  further  ordained.  That  the  Assessor  and 
Collector  shall  complete  making  his  lists  of  property  for 
taxation  and  assessment  on  or  before  the  first  day  of  July 
of  each  year,  and  shall,  before  entering  the  same  on  the 
assessment  rolls  notify  the  City  Clerk  thereof,  but  no  failure 
to  complete  said  lists  at  said  date  shall  invalidate  any  as- 
sessment. 

Sec.  4.  Be  it  further  ordained.  That  after  such  notice 
to  the  City  Clerk,  the  Board  of  Mayor  and  Aldermen  shall 
review  and  revise  such  lists,  and  reduce  or  raise  the  assess- 
ment according  to  right  and  justice.  And  when  said  Board 
shall  have  completed  its  work,  the  City  Clerk  shall  publish 
a notice  once  a week  for  two  consecutive  weeks  in  the  official 
paper  of  the  City,  notifying  the  property  owners  and  tax 
payers  of  said  City  that  such  lists  have  been  revised  and 
that  all  objections  or  exceptances  thereto  must  be  filed  with 
the  City  Clerk  within  twenty  days  from  such  first  publication. 

Sec.  5.  (As  amended  September,  1905)  Be  it  further 
ordained.  That  after  the  expiration  of  such  twenty  days, 
the  Board  of  Mayor  and  Alclermen  will  consider  and  pass 
upon  objections  and  exceptions  filed  and  correct  the  assess- 
ment as  made  by  the  Assessor  and  equalize  the  taxes  as 
far  as  possible,  and  thereupon  the  City  Assessor  and  Col- 
lector of  taxes  shall  make  up  his  assessment  rolls  from  the 
list  so  revised,  corrected  and  equalized,  and  report  the  same 


81 


to  the  Board  of  Mayor  and  Aldermen  on  or  before  the  first 
^londay  in  October,  and  said  Board  shall  thereupon  approve 
said  rolls  and  levy  the  taxes  for  the  fiscal  year.  But  a failure 
of  the  Assessor  and  Collector  of  taxes,  from  any  cause  what- 
ever, , to  make  up  his  assessment  rolls  and  report  the  same  to 
the  Board  of  Mayor  and  Aldermen  on  or  before  the  first 
^Monday  in  October  of  any  year,  or  the  failure  of  the  Board 
to  approve  it  at  that  time,  shall  not  have  the  effect  to  invali- 
date said  assessment,  but  the  rolls  shall  be  made  up  and 
reported  to  the  Board  as  soon  thereafter  as  practicable,  and 
at  a time  to  be  fixed  by  the  Board  of  Mayor  and  Aider- 
men,  and  may  be  approved  at  any  time  by  the  Board,  and 
when  so  reported  and  approved,  the  same  shall  be  as  valid  and 
binding  in  all  respects  as  if  made  up  and  reported  and  ap- 
proved on  the  first  Monday  of  October,  and  when  approved 
by  the  Board  of  Mayor  and  Aldermen  the  taxes  for  that 
fiscal  year  then,  or  as  soon  thereafter  as  practicable,  shall  be 
levied  according  to  law. 

Sec.  6.  Be  it  further  ordained.  That  after  the  levy  of 
taxes  for  each  year,  the  City  Clerk  shall  open  an  account 
in  his  office,  with  the  Assessor  and  Collector,  and  shall  charge 
him  with  the  total  amount  of  the  taxes  due  the  City  as 
shown  by  the  rolls  and  shall  credit  liim  with  all  payments 
of  such  taxes  collected  and  paid  to  the  Treasurer,  and  when 
the  time  for  the  payment  of  taxes  without  damages  shall 
have  expired,  he  shall  charge  the  Assessor  and  Collector 
with  ten  per  cent  on  the  amount  of  all  taxes  not  then  col- 
lected. Said  Clerk  shall  also  credit  the  Assessor  and  Col- 
lector with  the  proportion  of  taxes  due  on  any  property,  the 
assessment  of  which  may  have  been  reduced  by  the  Board  after 
the  opening  of  said  account,  and  he  shall  likewise  credit  him 
with  the  Commissions  due  on  taxes  collected;  as  well  as 
with  all  taxes  and  damages  on  property  which  shall  be  sold 
according  to  law  by  the  Sheriff  and  Tax  Collector  of  Warren 
County  for  City  Taxes  or  for  State,  County  and  City  Taxes, 
and  also  with  such  penalties  as  may  be  remitted  by  the  Board, 
of  ^layor  and  Aldermen. 

Sec.  7.  Be  it  further  ordained,  That  this  ordinance 
shall  take  effect  and  be  in  force  from  and  after  its  passage. 

Ordained  this  *20th  day  of  April,  1885. 

Approved  this  21st  day  of  April,  1885. 

0.  B.  p.  165-166  and  470. 


C-City 


82 


Registration  Ordinance. 

AN  ORDINANCE  to  provide  for  the  registration  of  the  qualified  elect- 
ors, of  tlie  City  of  Vicksburg. 


Sec.  1.  Be  it  ordained  by  the  Mayor  and  Aldermen  of  the 
City  of  Vicksburg,  That  each  Ward  in  the  City  shall  consti- 
tute, one  election  district,  and  that  the  voting  place  of  the 
First  Ward,  shall  be  the  Phoenix  Engine  house,  of  the  Second 
Ward,  the  Constitution  Engine  house,  the  Third  Ward,  Lewis 
Stable,  or  near  there,  the  Fourth  Ward,  the  City  Hall. 

Sec.  2.  Be  it  further  ordained  that  the  City  Clerk  shall  be 
ex  officio  Registrar,  and  at  any  time,  not  within  four  months 
of  a general  election  for  City  Officers  he  shall  register  all  legal 
voters  of  said  City  at  their  several  voting  places,  spending  not 
less  than  one  whole  day,  at  said  place,  and  he  shall  publish 
three  weeks  notice  of  the  time  and  place,  when  and  where  he 
will  be  present  and  register  the  voters  of  the  respective  voting 
j:)laces,  he  shall  preserve  the  registration  books  and  keep  them 
in  his  office,  as  records  of  the  same  and  he  shall  deliver  the  poll 
books,  to  the  Judges  of  the  Election,  in  time  for  every  election, 
and  after  the  election  said  books  shall  be  returned  to  the 
Clerk,  and  preserved  in  his  office. 

Sec  3.  Be  it  farther  ordained  that  the  City  Clerk  shall 
register,  on  the  registration  books  of  the  Ward,  of  the  residence 
of  such  person  any  citizen  of  the  State  legally  entitled  to  be  re- 
gistered as  an  elector,  on  his  appearing  before  him  and  taking, 
and  inscribing  to  the  following  oath  or  affirmation ; I , 

do  solemly  swear  (or  affirm,)  that  I am  twenty-one  years  old 
(or  will  be  before  the  next  City  Election)  and  that  I will  have 
resided  in  this  State,  two  years,  and  in  the  Ward  of  the 

City  of  Vicksburg  one  year,  next  preceeding  the  ensuing  Elec- 
tion (or  if  it  be  stated  in  the  oath,  that  the  person,  proposing 
to  register,  is  a minister  of  the  Gospel  in  charge  of  an  organized 
Church,  that  it  will  be  sufficient  to  aver  therein  two  years  resi- 
dence in  the  State,  and  six  months  in  said  Ward  ) and  am  now 
in  good  faith  a resident  of  the  same,  and  that  I am  not  disqual- 
ified from  voting,  by  reason  of  having  been  convicted  of  any 
crime  named  in  the  Constitution  of  the  State,  as  a disqualifica- 
tion to  be  an  elector,  that  I will  truly  answer  all  questions  pro- 
pounded to  me  concerning  my  antecedents  insofar  as  they  relate 
to  my  right  to  vote,  and  also  as  to  my  residence  before  my  citi- 
zenship in  this  Ward,  that  I Avill  faithfully  support  the  Con- 
stitution of  the  United  States  and  the  State  of  Mississippi,  and 


83 


will  bear  true  faith,  and  allegiance  to  the  same  so  help  me  God; 
Avhicli  oath  shall  he  printed  at  the  top  of  the  page  of  the  Regis- 
tration Books. 

Sec.  4.  Beit  further  ordained,  That  no  person  shall  he  reg- 
istered for  any  other  Ward,  than  that  in  which  he  resides  at 
the  time,  and  when  a registered  elector  shall  change  his  resi- 
dence, to  another  Ward,  the  City  Clerk,  shall  on  his  applica- 
tion, erase  his  name  from  the  register  of  the  Ward  from  which 
he  has  been  removed,  and  place  it  on  that  of  his  present  resi- 
dence, provided  such  application  he  made  five  days  before  an 
election. 

Sec.  5.  Be  it  further  ordained  that  the  City  Clerk,  shall 
also  make  and  keep  in  his  office,  an  alphabetical  list  of  the 
qualified  voters  of  each  Ward. 

See.  6.  Be  it  further  ordained  that  no  person  who  has 
been  convicted  of  Bribery,  Burglary,  Theft,  Arson,  obtaining 
goods  under  false  pretenses.  Perjury,  Forgery,  Embezzlement, 
or  Bigamy,  shall  be  registered  unless  pardoned.  And  if 
registered  his  name  shall  be  erased  from  the  Books. 

Sec.  7.  Be  it  further  ordained  that  the  City  Clerk,  by  pro- 
per statement,  to  be  made  to  the  Mayor  and  Aldermen  at  each 
meeting  to  be  held  under  the  next  section  of  this’Ordinance,  in  - 
form said  board  of  the  names  of  all  registered  voters  of  this 
City  who  have  died,  removed  from  the  City,  become  otherwise 
disqualified,  so  far  as  the  same  comes  to  his  knowledge  or  in- 
formation. 

Sec.  8.  Be  it  further  ordained  that  prior  to  any  regular 
or  special  Election  the  Board  of  Mayor  and  Aldermen  of  the 
City  of  Vicksburg,  shall  meet  and  revise  the  Registration 
Books,  erasing  the  names  therefrom  of  all  registered  persons 
who  have  died,  removed  from  the  City  or  become  otherwise 
disqualified,  as  well  as  names  improperly  on  the  registration 
Books,  and  they  shall  register  persons  who  have  been  improper- 
ly refused  registration  by  the  City  Clerk,  on  the  application  of 
such  person. 

Sec.  9.  Be  it  further  ordained  that  no  person  shall  be  per- 
mitted to  vote  at  any  City  Election,  unless  he  has  been  regis- 
tered as  above  provided  for . 

Sec.  10.  Be  it  further  ordained,  that  for  his  services  as 
registrar,  for  day  in  each  Ward,  as  herein  provided  for,  the 
City  Clerk,  shall  be  allowed,  the  sum  of  Five  Dollars  each  day 
so  occupied. 


84 


Sec.  11.  Be  it  ordained  That  all  ordinances  or  parts  of 
Ordinances  in  conflict  with  this  Ordinance,  be  and  the  same  are 
hereby  rei>ealed. 

Sec.  12.  Be  it  further  ordained  That  this  ordinance  take 
effect  and  be  in  force  from  and  after  its  passage. 

Ordained  this  21st  day  of  June,  1892. 

Approved  this  22nd  day  of  June,  1892. 

0.  B.  p.  171-173. 

Pearl  Street  Switch  Ordinance. 

AN  ORDINANCE  to  grant  permission  to  the  Vicksburg  and  Meridian 

Railroad  Company  to  build  a switch  on  Pearl  street. 

Sec.  1.  Be  it  ordained  by  the  Mayor  and  Aldermen  of 
the  City  of  Vicksburg,  That  the  permission  and  right  to  con- 
struct and  build  a railroad  switch  on  Pearl  street  granted  to 
and  conferred  upon  the  Vicksburg  Compress  Company  by  an 
Ordinance  entitled  “An  ordinance  to  grant  permission  to  the 
Vicksburg  Com23ress  Company  to  build  switches  on  Mulberry 
and  Pearl  streets,”  Approved  June  10th,  1882, be  and  the  same 
is  hereby  granted,  to  the  Vicksburg  and  Meridian  Bailroad 
Company  subject  to  all  restrictions  and  requirements  of  said 
Ordinancs,  and  provided  if  said  switch  is  built  by  said 
Pail  Road  Company  it  shall  be  in  the  place  and  stead,  of  thal 
one  authorized  to  be  laid  by  said  Compress  Company  under  the 
ordinance  aforesaid. 

Sec.  2.  Be  it  further  ordained  that  this  ordinance  shall 
take  effect  when  assented  to  by  resolution  of  the  Board  of  Di- 
rectors of  said  Compress  Company  and  when  accepted  in  writ- 
ing hereon,  by  the  proper  officers  of  the  said  Vicksburg  and 
Meridian  Rail  Road  Company  for  said  Company. 

Ordained  this  I7th  day  of  July  1882 

Approved  this  18th  day  of  July,  1882. 

0.  B.  p.  139. 

Acceptance  0.  B.  p.  142. 

Mulberry  and  Pearl  Streets  Switches. 

AN  ORDINANCE  to  grant  permission  to  the  Vicksburg  Compreis  Com- 
pany to  build  switches  on  Mulberry  and  Pearl  streets. 

Sec".  1.  Be  it  ordained  by  the  Mayor  and  Aldermen  of  the 
City  of  Vicksburg  that  the  right  and  permission  be  and  is 
hereby  granted  to  the  Vicksburg  Compress  Co.  to  build  and 


85 


maintain  a railroad  switch  from  the  northeast  corner  of  Sq. 
22  in  Pinkardia  soutliAvardly  along  iNIulberry  St.  to  connec- 
tion with  the  track  of  the  Vicksburg  and  Meridian  K.  P.  Co. 
and  another  R.  11.  switch  from  the  nortn-Avest  corner  of  said 
square  soutliAA^ard  along  Pearl  St.  to  connect  AAuth  the  track  of 
the  Vicksburg  and  Meridian  R.  R.  Co  at  or  near  Klein  St. 

Sec.  2.  Be  it  further  ordained  that  said  track  on  Pearl 
St.  shall  be  built  northward  from  its  connection  with  the 
tracks  of  the  said  R.  R.  Co.  up  the  center  of  said  Pearl  St.  un- 
til it  is  necessary  to  deviate  from  such  center  to  enter  or  go 
along  side  of  Sq.  22. 

Sec.  3.  Be  it  further  ordained  that  said  switch  shall  be 
constructed  on  a level  Avith  the  surface  of  the  ground  so  as  to 
be  easily  crossed  at  any  point  and  so  as  not  to  impede  the  legi- 
timate use  of  said  street  for  travel  on  foot  or  Avith  A^ehicles  and 
the  same  shall  be  graveled  or  planked  and  said  Compress  Co. 
shall  keep  in  good  repair  the  said  street  inside  of  its  said 
tracks  as  Avell  as  a distance  of  three  feet  on  each  side  thereof. 

Sec.  4.  Be  it  further  ordained  that  if  the  Mayor  and  Al- 
dermen of  said  City  shall  at  any  time  change  or  alter  the  grade 
of  said  street  or  either  of  them  the  said  Compress  Co.  shall 
change  or  alter  their  switches  on  such  street  to  conform  thereto. 

Sec.  5.  Be  it  further  ordained  that  if  the  said  Compress 
Co.  shall  at  any  time  suffer  to  be  out  of  repair  either  of  said 
SAvitches  or  any  portion  of  said  streets  which  should  be  kept  in 
repair  by  it  or  shall  fail  to  comply  Avith  any  of  the  provisions 
of  this  ordinance  the  said  Mayor  and  Aldermen  of  the  City  of 
Vicksburg  may  cause  such  repairs  to  be  made  or  other  thing  to 
be  done  at  the  expense  of  said  Compress  Co.  and  may  recover 
from  it  by  proper  action  the  expenses,  costs,  charges  and  dam- 
ages thereof  or  the  said  Board  may  by  proper  proceedings 
against  said  Co.  compel  such  repairs  to  be  made  or  such  other 
tilings  to  be  done  according  to  this  ordinance  or  may  recover 
damages  for  such  neglect  of  duty  by  said  Co. 

Sec.  G.  Be  it  further  ordained  that  before  taking  any 
steps  under  this  ordinance  the  Board  of  Directors  of  said  Com- 
press Co.  shall  pass  a resolution  accepting  this  ordinance  and 
binding  them  to  its  terms  and  authorizing  and  directing  its 
President  to  accept  the  same  and  bind  said  Co.  to  its  terms  in 
Avriting  upon  this  the  original  ordinance  Avhich  acceptance 
shall  be  recorded  Avith  this  ordinance. 

Ordained  this  9th  day  of  June,  1882. 

0.  B.  pp.  139-140-141. 


86 


ACCEPTANCE. 

Office  of  the  Vicksburg  Compress  Co. 

Vicksburg,  Miss.,  June  10th,  1882. 

By  authority  of  the  Board  of  Directors  of  the  Vicksburg 
Compress  Co.  I hereby  accept  this  ordinance  and  do  bind  said 
Co.  to  its  terms  in  accordance  with  section  six  of  the  same. 

LEE  KICHAKDSON,  President. 
Attest,  G.  W.  HOWARD,  Secretary. 


AN  ORDINANCE,  Entitled  An  Ordinance  to  grant  the  right  of  way  to 
the  M.  & V.  R.  R.  Co.  over  and  along  certain  streets  and  lands  in  the 
city  of  Vicksburg. 


Section  1.  Be  it  ordained  by  the  Mayor  and  Aldermen  of 
the  City  of  Vicksburg  that  subject  to  the  conditions  hereinafter 
mentioned  the  right  of  ’ d is  hereby  granted  to  the  M. 


the  City  of  Vicksburg  as  follows:  commencing  at  the  intersec- 
tion of  Glass  Bayou  and  Washington  St.  to  the  south-west  cor- 
ner of  First  East  street  thence  through  and  over  any  streets 
or  lands  owned  by  the  city  of  Vicksburg  west  of  Washington 
St.  to  the  conjunction  of  Mulberry  and  Levee  St.  and  thence 
down  Levee  and  Water  Streets  to  the  southern  boundary  line 
of  said  City;  and  in  building  and  laying  its  tracks  said  rail- 
road company  is  authorized  so  far  as  this  Board  can  grant  such 
authority  to  close  First  East  St.  Second  East,  Jackson  and- 
Grove  St.  from  Washington  street  to  the  river  and  to  place  as 
many  tracks  as  may  be  necessary  across  China  St.  between 
Mulberry  and  Levee  Sts. 

Sec.  2.  Be  it  further  ordained  That  said  R.  R.  Co.  is 
hereby  authorized  and  empoAvered  to  construct  its  said  R.  R. 
through  and  uj>on  the  line  designated  in  the  preceeding  section 
and  for  such  purposes  may  cross  all  streets  intersecting  said 
line,  put  down  such  cross  ties,  rails  and  other  material  and  do 
and  perform  such  other  things  as  may  be  necessary  in  the 
construction  of  said  R.  R.  over  said  lines. 

Sec.  3.  Be  it  further  ordained  that  said  R.  R.  Co.  is  here- 
by authorized  and  empowered  after  the  construction  of  its  said 
R.  R.  over  the  lines  above  designated  to  use  and  operate  the 


Right  of  Way  to  M.  & V.  R.  R.  Co. 


& V.  R.  R.  Co.,  over 


certain  streets  and  lands  in 


87 


same  for  the  transportation  of  freight  and  passengers  and  to 
that  end  may  use  steam,  horse,  or  other  po^Yer  as  said  Co. 
may  determine. 

Sec.  d.  Be  it  further  ordained  that  said  R.  R.  Co.  shall 
nse  the  right  of  way  hereby  conferred  so  as  not  necessarily  to 
obstruct  or  hinder  the  use  of  a like  grant  to  any  other  R.  R. 
Corporation  that  may  have  hertofore  been  conferred  by  this 
Board,  nor  shall  the  right  and  privilege  hereby  granted  tosaid 
R.  R.  Co.,  be  construed  as  exclusive  in  them  but  this  Board  re- 
serves the  right  to  grant  like  privileges  to  other  R.  R.  Com- 
panies so  that  further  grants  do  not  necessarily  obstruct  the 
use  and  enjoyment  of  what  is  hereby  granted. 

Sec.  5.  Be  it  further  ordained  that  said  R.  R.  Co.  in  con- 
structing its  said  road  over  said  streets  and  along  said  streets 
hereinbefore  designated  shall  not  alter  the  grade  of  said 
streets  at  any  point  unless  first  authorized  by  resolntion  or  or- 
dinance of  this  Board. 

Sec.  G.  Be  it  further  ordained  that  the  rights  and  privil- 
eges hereby  granted  and  conferred  upon  the  following  condi- 
tions : 

That  said  R.  R.  Co.,  shall  locate,  build  and  keep  its  freight 
and  passenger  depots  in  said  City  north  of  Clay  St.  and  shall 
complete  their  road  beds  and  tracks  and  have  cars  running  over 
the  same  from  -the  northern  boundary  line  of  Sharkey  County 
through  the  City  of  Vicksburg  to  the  town  of  Port  Gibson, 
Miss.,  within  one  year  from  the  date  of  this  ordinance  and  shall 
build  its  tracks  on  a level  with  the  grade  of  the  streets  along 
which  said  tracks  may  be  placed  or  which  may  be  intersected  by 
them  and  shall  build  and  keep  in  constant  repair  at  the  several 
street  crossings  where  the  line  of  said  road  shall  intersect  the 
streets  such  approaches  and  crossings  of  lumber  or  other  ma- 
terial to  the  full  width  of  the  street  intersected  by  said  R.  R. 
as  shall  afford  easy -and  convenient  passage  . for  vehicles  across 
said  R.  R.  and  shall  construct  and  keep  in  constant  repair  and 
good  order  a proper  sewer  or  gutter  for  drainage  under  said 
track  on  each  side  of  such  street  intersected  by  said  R.  R.  and 
shall  likewise  construct  and  keep  in  good  repair  sewers  or  gut- 
ters for  drainage  at  the  tracks  or  embankment  at  the  streets 
hereinbefore  authorized  to  be  closed  and  shall  keep  the  streets 
along  where  and  across  which  its  tracks  shall  be  constructed 
so  placed  between  the  rails  and  for  a distance  on  either  side  of 
six  feet  with  plank,  gravel  or  other  proper  material  that  said 
tracks  may  be  easily  crossed  by  vehicles  at  any  ])oint  and  shall 
generally  so  construct  use  and  operate  said  R.  R.  as  not  to 


88 


necessarily  incomode  or  impede  -the  public  upon  and  the  ordi- 
nary uses  of  the  street  along  where  and  across  which  said 
tracks  shall  be  constructed. 

Sec.  7.  Be  it  further  ordained  that  if  said  K.  R.  Co. 
should  fail  to  build  and  keep  its  freight  and  passenger  depot 
in  the  City  north  of  Clay  St.  and  shall  fail  to  have  its  road 
beds  and  tracks  completed  and  cars  running  over  the  same  from 
the  northern  boundary  line  of  Sharkey  County  through  the 
City  of  Vicksburg  to  the  town  of  Port  Gibson,  Miss.,  within 
one  year  from  the  date  of  this  ordinance.  Then  the  rights  and 
privileges  hereby  granted  shall  cease  and  determine  and  re- 
vert to  the  City  of  Vicksburg. 

Sec.  8.  Be  it  further  ordained  that  if  said  R.  R.  Co.  shall 
fail  to  perform  any  of  the  duties  required  of  it  by  this  ordi- 
nance it  or  any  Co.  into  which  this  Co.  may  be  consolidated 
shall  be  liable  for  any  damages  caused  thereby  to  the  City  of 
Vicksburg  or  any  individual  or  corporation  and  this  Board 
may  cause  the  necessary  work  to  be  done  in  the  premises  at 
the  cost  and  expense  of  said  Co.  or  consolidated  company,  so 
neglecting  the  said  duties,  or  any  of  them  may  be  fined  in  any 
proper  amount  on  conviction  in  the  City  Court. 

Sec.  9.  Be  it  further  ordained  that  this  ordinance  shall 
take  efi'ect  when  the  proper  officers  of  said  R.  R.  Co.  duly  au- 
thorized by  resolution  of  its  Board  of  Directors  shall  accept 
the  same  in  writing  hereon  accompanied  with  certified  copies 
of  said  resolution. 

Sec.  10.  Be  it  further  ordained  that  nothing  in  this  ordi- 
nance shall  be  so  construed  as  to  deprive  the  City  of  the  right 
of  the  river  front  for  steamboat  landing  and  all  public  uses 
extending  southward  from  the  south  side  of  Grove  St.  as  far 
as  the  property  of  the  City  extends.  That  said  M.  & V.  R.  R. 
Co.  or  any  consolidated  Co.  formed  of  this  Co.  are  hereby  giv- 
en the  right  and  privilege  wdthout  any  further  action  of  this 
Board  to  raise  the  grade  of  Levee  and  Water  Streets  above  the 
high  water  mark  of  1882. 

Sec.  11.  Be  it  further  ordained  that  this  ordinance  shall 
be  in  lieu  of  the  ordinance  adopted  Aug.  3rd,  1882  entitled  an 
ordinance  to  grant  the  right  of  w-ay  to  the  M.  & Y.  R.  R.  Co. 
and  the  M.  V.  and  S.  I.  R.  R.  Co.  over  and  along  certain  streets 
and  lands  in  the  City  of  Vicksburg  and  all  ordinances  or  parts 
of  ordinances  in  conflict  with  this  ordinance  be  and  the  same 
are  herel\y  repealed. 

Ordained  this  5th  day  of  Sept.  1882. 

0.  B.  pp.  98-9-100-101. 

Acceptance  0.  B.  p.  102. 


89 


Amendment  to  Ordinance  Granting  Right  of  Way  to 
the  M.  & V.  Railroad  Company. 

AN  ORDINANCE  to  amend  An  Ordinance  entitled  An  Ordinance  to 
grant  tiie  riglit  of  way  to  the  M.  & V.  K.  R.  Co.  over  and  along 
certain  streets  and  lands  in  the  City  of  Vicksburg,  adopted  Septem- 
ber 5th,  1882. 


Section  1.  Be  it  ordained  by  the  Ma3^or  and  Aldermen  of 
the  City  of  Vicksburg  That  section  1 of  an  Ordinance  entitled 
an  ordinance  to  grant  the  right  of  way  to  the  M.  & V.  R.  R. 
Co.  over  and  along  certain  streets  and  lands  in  the  City  of 
A^icksburg  approved  Sept.  5th  1882  be  and  the  same  is  here- 
by" repealed,  and  in  lien  thereof  it  is  hereby  ordained  that  sub- 
ject to  the  conditions  mentioned  in  said  ordinance  and  the 
amendment  thereto  the  right  of  way  be  and  is  hereby  granted 
to  said  R.  R.  Co.  from  the  junction  of  Glass  Bayou  and  the 
lake  (formerly  the  Mississippi  river)  along  west  of  Washing- 
ton St.  to  the  conjunction  of  Mulberry  and  Levee  streets  and 
thence  down  Levee  and  Water  streets  to  the  southern  boundary 
line  of  said  City  but  so  as  not  to  interfere  with  the  use  of  the 
river  or  laive  front  for  steamboat  landings  and  public  uses  ex- 
tending southward  from  the  mouth  of  the  Glass  Bayou  as  far 
as  the  property  of  the  City  extends. 

Sec.  2.  Be  it  further  ordained  That  section  five  of  the 
aforesaid  ordinance  be  amended  so  as  to  read  as  follows:  That 
the  official  grade  of  said  Levee  St.  be  and  is  hereby  established 
according  to  a survey  plat  and  profile  in  the  office  of  the  City 
Clerk  made  by  IV.  Porterfield  C.  E.  on  July  23rd  1883  to  wit  : 
Beginning  at  the  south  line  of  Crawford  St.  with  an  elevation 
of  seA^en  feet  above  the  high  Avater  mark  of  1882  Avhich  is  48.75 
feet  and  thence  north  along  Levee  St.  Avith  a decending  grade 
of  one  foot  in  one  hundred  feet  for  a distance  of  seven  hun- 
dred feet,  thence  north  Avith  a level  grade  for  four  hundred 
feet  and  thence  Avith  an  ascending  grade  of  two-tentlis  (2-10) 
of  one  foot  in  one  hundred  feet  to  the  northern  line  of  the  City  ; 
and  beginning  at  the  south  line  of  CraAvford  St.  and  running 
south  Avith  a level  grade  for  one  hundred  feet  thence  Avitli  a de- 
cending grade  of  eight-tenths  (8-10)  of  one  foot  in  one  hun- 
dred feet  for  a distance  of  four  hundred  feet;  thence  Avitli  a 
level  grade  to  the  south  line  of  Depot  St.  a distance  of  950 
feet,  thence  soutliAvard  Avith  a descending  grade  of  1-2  of  one 
foot  in  one  hundred  feet  for  a distance  of  six  hundred  feet 
thence  Avith  a level  grade  to  the  south  line  of  said  City, 


90 


Sec.  3.  Be  it  further  ordained  that  so  far  as  this  Board 
possesses  the  right  and  power  to  grant  such  authority  the  said 
R.  R.  Co.  be  and  is  hereby  authorized  to  reduce  said  street  to 
the  aforesaid  grade  and  construct  its  track  along  the  same 
provided  the  said  R.  R.  Co.  shall  properly  gravel  the  said 
street  with  not  less  than  ten  inches  of  gravel  in  depth  in  its 
whole  width  southward  from  the  north  line  of  China  St.  as  far 
as  it  shall  lay  its  track  thereon  which  track  shall  be  laid  even 
with  the  surface  of  said  gravel  so  that  the  same  may  be  readily 
crossed  by  vehicles  at  any  point. 

Sec.  4.  Be  it  further  ordained  that  in  reducing  said  street 
to  said  grade  and  in  constructing  its  tracks  along  the  same, 
said  R.  R.  Co.  shall  construct  on  each  side  of  every  cross  street 
a covered  cross  drain  across  the  street  under  its  track  to  be 
built  of  brick  nine  square  feet  across  sectional  area  and  shall 
also  construct  and  open  a drain  of  brick  along  and  in  front  of 
each  square  on  the  east  side  of  Levee  St.  from  China  St.  to 
Depot  St.  to  and  on  the  west  side  of  Levee  St.  from  Clay  St. 
to  South  St.  of  sufficient  size  to  drain  the  street. 

Sec.  5.  Be  it  further  ordained  that  said  R.  R.  Co.  shall 
properly  bring  the  grades  of  all  the  cross  streets  to  the  afore 
said  grade  of  Levee  St.  at  the  point  of  intersection  and  to  a 
proper  distance  on  each  side  of  Levee  St.  and  shall  properly 
construct  along  each  side  of  said  cross  streets  both  east  and 
Avest  of  Levee  St.  brick  gutters  to  connect  the  mouth  of  the 
aforesaid  cross-drains  with  the  present  gutters  on  said  streets 
and  if  it  is  not  practicable  to  connect  Avith  said  gutters  Avest 
of  Levee  St.  said  company  shall  continue  said  gutters  to  the 
lake  or  river. 

Sec.  C).  Be  it  further  ordained  that  all  of  the  afore  said 
Avork  shall  be  done  by  said  R.  R.  Co.  at  its  own  proper  cost  and 
expense  Avithout  any  charges  or  expenses  to  the  City  of  Vicks- 
burg, and  said  company  or  any  company  into  which  it  may  be 
consolidated  shall  always  maintain  and  keep  in  proper  repair 
the  aforesaid  cross  drains  and  the  said  Levee  street  with  the 
graA^el  thereon  subject  to  the  conditions,  right,  penalties,  and 
remedies  prescribed  in  section  eight  of  the  aforesaid  ordi- 
nance. 

Sec.  7.  Be  it  further  ordained  that  section  six  and  seA^en 
of  the  aforesaid  ordinance  be  so  amended  that  the  Avords  one 
year  shall  read  eighteen  months. 

Sec.  8.  Be  it  further  ordained  that  section  10  of  the  afore- 
said ordinance  be  and  the  same  is  hereby  repealed  and  in  lieu 


91 


thereof  it  is  hereby  ordained  that  nothing  in  said  ordinance  or 
in  this  amendment  thereto  shall  be  so  construed  as  to  deprive 
the  City  of  the  rights  and  uses  of  the  river  front  and  the  lake 
front  for  steamboat  landings  and  all  public  uses  extending 
southward  from  the  month  of  Glass  Bayou  as  far  as  the  prop- 
erty of  the  City  extends. 

Sec.  9.  Be  it  further  ordained  that  all  rights  and  priv- 
ileges hereinbefore  conferred  on  and  granted  to  the  said  M. 
& V.  K.  K.  Co.  be  and  are  hereby  conferred  on  the  M.  V.  & S.  I. 
R.  K.  Co.  subject  to  the  same  limitations  duties  and  penalties 
imposed  on  said  first-named  Co.  with  this  further  proviso 
that  only  one  track  shall  be  constructed  along  said  Levee  St. 
by  said  R.  R.  Co.  the  same  to  be  used  by  either  or  both  of  said 
companies,  or  by  any  company  into  which  said  companies 
may  be  consolidated. 

Sec.  10.  Be  it  further  ordained  that  all  ordinances  and 
parts  of  ordinances  in  conflict  Avith  this  ordinance  be  and  are 
hereby  repealed  and  that  this  ordinance  shall  take  effect  as  to 
each  of  said  R.  R.  Co.’s  when  the  proper  officers  hereof  shall  ac- 
ce^^t  the  same  in  writing. 

Sec.  11.  Be  it  further  ordained  that  if  any  damage  shall 
be  done  to  any  aAvning  side  walk  or  gutter  of  any  property 
owner  on  Levee  street  by  reason  of  the  grading  of  said  street 
as  above  provided  that  the  said  awning,  side  walk  or  gutter 
shall  be  put  in  like  condition  as  it  was  before  said  grading  by 
the  said  R.  R.  Co.  at  its  own  expense. 

Sec.  12.  Be  it  further  ordained  that  the  said  R.  R.  Co.’s 
shall  not  run  their  trains  on  Levee  St.  at  a greater  speed  than 
six  miles  an  hour. 

Ordained  this  27th  day  of  July,  1883. 

O.  B.  pp.  101-5-6. 


Telephone  Ordinance. 

AX  ORDINANCE  to  grant  the  right  of  way  through  the  streets  to  the 
Great  Southern  Telephone  and  Telegraph  Company. 


Sec.  1.  Be  it  ordained  by  the  Mayor  and  Aldermen  of  the 
City  of  Vicksburg,  that  the  following  agreement  be  and  the 
same  is  hereby  made  and  entered  into  between  said  City  on  the 


92 


one  part,  and  the  Great  Southern  Telephone  and  Telegrapli 
Company,  engaged  in  business  in  said  City  on  the  other  part 
to-wit : 

In  consideration  that  said  Telephone  & Telegraph  Com- 
pany shall,  during  the  period  of  time  herein  after  proAuded 
for,  furnish  to  said  City,  for  use  AAuthin  said  City  the  free  use 
of  Six  Telephone  instruments  and  AAures,  to  be  kept  by  said 
Company  in  good  Avorking  order  and  connected  AAuth  the  Tele- 
phone Exchange  in  said  City,  said  instruments  and  AAures  to  be 
fixed,  at  such  places  as  the  City  may  designate. 

The  City  on  its  part,  first,  grants  to  said  Telephone  Com- 
pany the  permanent  right  of  AA^ay  to  erect  its  posts  along  the 
streets  of  said  City,  for  the  purpose  of  placing  its  Avires  there- 
on, the  City  to  direct  Avhere  along  said  streets  said  posts  are  to 
be  placed,  so  as  to  preA^ent  interference  AAuth  traA^el  as  far  as 
practicable ; 

Secondly,  said  City  agrees  to  exempt  said  Company  from 
all  City  taxes  of  every  kind,  for  the  period  of  ten  years  for 
and  during  Avhich  time  this  agreement  as  to  such  exemption 
and  the  furnishing  said  Telephones,  Avire  and  Instruments,  is 
to  be  in  force. 

Note, — This  section  has  been  modified  and  the  company  now  gives  the 
city  3 per  cent,  of  its  gross  receipts  and  as  many  telephones  as  the 
city  wants  at  70  per  cent,  of  the  regular  price. 

Sec.  2.  It  is  further  ordained  and  agreed.  That  should 
the  State  of  Mississippi  by  legislative  Act,  impose  any  priAul- 
ege  or  other  special  tax  upon  Telephone  Companies  doing  bus- 
iness in  said  State,  before  the  expiration  of  said  ten  years  and 
also  exempt  them  from  local  taxation,  of  the  same  character, 
or  should  any  Board  of  Mayor  and  Aldermen,  of  the  City  here- 
after elected,  disregard  this  agreement  or  act  counter  to  its 
terms  during  the  time  aforesaid,  or  should  the  present  laAvs 
of  the  State,  imposing  Privilege  Tax  on  Telephone  Companies 
be  held  or  construed  to  extend  to  and  embrace  Telephone  Com- 
panies, as  to  such  priAulege  Tax,  and  exempt  them  from  local 
Taxation  of  the  same  character  Avhich  holding  or  construc- 
tion to  be  the  Courts  of  the  land  or  Judges  of  the  Supreme 
Court  of  Mississippi  Avho  it  is  agreed  may  decide  the  ques- 
tion as  Arbitrators  should,  said  Telephone  Company  be  call- 
ed upon  for  such  Privilege  Tax,  then  it  shall  be  at  the  option 
of  said  Telephone  Company  to  discontinue  this  agreement  as 
far  as  it  requires  them  furnish  and  proAude  said  Six  Tele- 
phones instruments  and  Avires  free,  and  in  exercising  such  op- 
tion, said  City  shall  thereb}^  be  released  from  its  agreement 


exempting’  said  Company  from  Taxation  provided,  said  Com-^ 
pany  shall  give  said  City  thirty  days  notice  in  writing  of 
such  purpose  to  discontinue  as  aforesaid. 

Sec.  3.  Be  it  further  ordained  That  the  Mayor  of  said 
City  is  authorized  and  so  directed  to  enter  into  a written 
contract  on  behalf  of  said  City,  with  said  Telephone  Company 
embodying  the  foregoing  agreement  and  also  embodying  the 
acceptance  of  said  Company  of  the  terms  and  stipnlations  of 
this  Ordinance  as  constituting  an  agreement. 

Sec.  4.  Be  it  further  ordained  That  this  ordinance  shall 
take  effect  from  and  after  its  passage. 

Ordained  this  11th  day  of  Jnly  1884 

Approved  this  12th  day  of  Jnly  1884 
0.  B.  p.  145. 


L.,  N.  O.  & T.  Switch  Ordinance. 

AX  ORDINx\XCE  granting  permission  to  the  Louisville,  New  Orleans 
and  Texas  Railway  Company  to  build  a switch  on  Levee  and  Water 
streets,  to  the  building  of  the  Vicksburg  Manufacturing  Company 
and  into  Walker’s  Survey. 


Sec.  1.  Be  it  ordained  by  the  Mayor  and  Aldermen  of 
the  City  of  Yicksbnrg  That  the  Louisville  New  Orleans  and 
Texas  Kailway  Company  be  and  are  hereby  authorized  to 
build  and  maintain  a rail  road  switch  from  its  track  on  Levee 
and  Water  streets  to  the  building  of  the  Vicksburg  Manu- 
facturing Company,  and  into  4Valkers  survey  crossing  Depot 
street  if  deemed  proper  by  said  Railway  company. 

Sec.  2.  Be  it  further  Ordained  that  said  switch  shall 
be  constructed  on  a level  with  the  ground  so  as  to  be  easily 
crossed  at  uny  point,  and  so  as  not  to  impede  the  legitimate 
use  of  said  street  for  travel  on  foot  or  with  vehicle,  and  the 
same  shall  be  gravelled  or  planked  by  said  Railway  Company, 
and  said  Railway  Company  shall  keep  in  good  repair  said 
streets  inside  of  its  said  track  and  for  a distance  of  three 
feet  each  side  (thereof. 

Sec.  3.  Be  it  further  ordained  that  if  the  Mayor  and  Al- 
dermen of  said  City  shall  at  any  time  change  or  alter  the 
grade  of  said  street  or  either  of  them  the  said  Itailway  Com- 
pany shall  change  or  alter  their  switch  on  such  street  to  con- 
form thereto. 


94 


Sec.  4.  Be  it  further  ordained  That  if  said  Kailway 
Company  shall  at  any  time  suffer  said  switch  or  the  street 
within  the  rails  or  for  .a  distance  of  three  feet  on  either 
side  thereof  to  be  out  of  repair  or  shall  fail  to  comply  Avith 
any  of  the  jorovisions  of  this  ordinance  the  Mayor  and  Al- 
dermen of  the  City  of  Vicksburg  may  cause  the  proper  re- 
pairs to  be  made  or  other  things  to  be  done  at  the  expense  of 
said  Railway  Company  and  may  recover  by  proper  action 
the  ex]3enses  costs  and  damages  thereof,  or  may  by  proper  pro- 
ceedings compel  said  Railway  Company  to  make  such  repair 
or  to  do  such  other  things,  according  to  this  ordinance  or  may 
recover  damages  for  such  neglect  of  duty  by  said  Com- 
pany. 

Sec.  5.  Be  it  further  ordained  that  before  taking  any 
steps  under  this  ordinance  the  Board  of  Directors  of  said  Rail- 
AA\ay  Company  shall  accept  this  ordinance  and  bind  said  Com- 
pany to  its  terms. 

Sec.  C).  Be  it  further  Ordained  That  this  ordinance  shall 
take  effect  and  be  in  force  Avhen  such  acceptance  shall  be  in- 
dorsed hereon. 

Ordained  this  3rd  day  of  Dec.  1884. 

Approved  this  4th  day  of  Dec.  1884. 

O.  B.  pp.  147-8. 


V.  & M.  Switches. 

AN  ORDINANCE  granting  to  Vicksburg  & Meridian  Railroad  Company 
the  right  and  privileges  of  laying  certain  switches. 


Sec.  1.  Be  it  ordained  by  the  Mayor  and  Aldermen  of 
the  City  of  Vicksburg,  That  the  right  of  Avay  be  and  is  here- 
by granted  to  the  Vicksburg  and  Meridian  R.  R.  Company 
across  Depot  street,  beDveen  Washington  and  Mulberry 
Streets,  and  in  and  along  the  East  side  of  Mulberry  Street 
from  South  Madison  Street  to  a point  where  said  Company’s 
present  track  crosses  said  street  for  the  purpose  of  laying  tAvo 
switches  as  follows;  one  across  said  Depot  street,  between 
Washington  and  Mulberry  street  from  their  existing  track,  in- 
to tlieir  freight  depot  and  the  other  from  some  point  iu  said 
Mulberry  street  Avhere  said  present  track  crosses  said  street 
in  and  along  the  East  Side  of  said  Mulberry  Street,  across 
said  Depot  street  and  along  the  West  side  of  Square  fifteen 


95 


(15)  of  Pincardia.  along  the  West  side  of  said  Depot  to  South 
Madison  street,  using  for  said  purpose  the  space  iininediately 
AVest  of  said  Depot  heretofore  left  for  a sidewalk. 

Sec.  2.  Be  it  further  ordained  that  said  Railroad  Com- 
pany shall  lay  their  said  switches  in  Mulberry  Street  and 
across  Depot  Street  even  with  the  surface  and  so  as  not  to  ob- 
struct or  impede  travel  thereon,  and  shall  construct  the  sur- 
face between  the  rails,  and  for  a distance  of  three  teet  on 
each  side  of  said  track  of  plank  or  gravel  even  with  the  top 
of  the  rails  and  shall  always  keep  the  same  in  proper  re- 
pair. 

Sec.  3.  Be  it  further  ordained  that  if  said  Company  or 
any  Company  which  may  own  or  use  said  switches,  shall  fail 
to  construct  the  same  as  aforesaid  or  shall  fail  to  make  and 
keep  in  repair  the  surface  of  the  track  as  aforesaid,  such 
Company  shall  be  liable  for  any  damage  that  may  be  caused 
thereby,  and  the  necesasry  work  may  be  done  by  the  Mayor 
and  Aldermen  of  the  City  of  Vicksburg  at  the  cost  and  ex- 
pense of  such  Company,  and  the  amount  paid  therefor,  with 
twenty-five  per  cent  damages  thereon  may  be  recovered  from 
such  Company  by  the  proper  City  officers,  by  suit  in  any 
Court  of  Competent  Jurisdiction. 

Sec.  4.  Be  it  further  ordained  That  if  said  Company 
shall  fail  or  refuse  to  make  such  repairs,  within  ten  days  af- 
ter notice  thereof,  such  Company  may  be  fined  by  the  City 
Court  in  a sum  not  exceeding  Twenty  five  dollars,  which  fine 
may  be  collected  by  execution,  and  every  succeeding  ten  days 
shall  constitute  a new  and  separate  default  for  which  a like 
fine  may  be  imposed  and  collected. 

Sec.  5.  Be  it  further  ordained  that  this  ordinance  take 
efiect  as  soon  as  the  same  shall  have  been  assented  and  agreed 
to  by  said  Company  in  writing,  which  shall  be  by  a resolution 
of  its  Board  of  Directors,  a certified  copy  of  which,  attached 
to  this  ordinance,  shall  be  by  it  filed  with  the  City  Clerk. 

Ordained  this  6th  day  of  July  1885. 

Approved  this  7th  day  of  July,  1885. 

O.  B.  p.  160-1. 

Acceptance  0.  B.  p.  161. 


96 


A.  & V.  to  Change  Track  on  Pearl  Street. 

AN  ORDINANCE  to  grant  permission  to  the  Alabama  and  Vicksburg 
Railway  Company  to  change  the  location  of  its  track  on  Pearl  street. 

Sec.  1.  Be  it  ordained  by  the  Mayor  and  Aldermen  of  the 
City  of  Vicksburg  that  the  Alabama  and  Vicksburg  Railway 
Company,  its  successors  and  assigns,  be  and  they  are  hereby 
granted  authority  and  permission  to  change  its  side  track  or 
switch  leading  from  Klein  street  north  along  Pearl  street  to 
Depot  Street  and  to  re-locate  the  same  further  east,  and  when 
so  re-located  to  operate  and  maintain  the  same,  and  said  re- 
location may  be  made,  if  decided  upon,  by  the  said  Alabama 
and  Vicksburg  Railway  Company  upon  or  along  all  or  any 
portion  of  what  would  be  the  sidewalk  on  the  east  side  of 
Pearl  Street. 

Ordained  this  21st  day  of  September  1896. 

Approved  this  22d  day  of  September,  1896. 

0.  B.  p.  325. 


Water  Works  Ordinance. 

AN  ORDINANCE  to  provide  for  a supply  of  water  to  the  City  of  Vicks- 
burg, in  Warren  County,  Mississippi,  and  to  its  inhabitants  con- 
tracting with  Samuel  R.  Bullock  and  Company,  their  associates,  suc- 
cessors, and  assigns,  for  a supply  of  water,  for  public  use ; and  giving 
the  said  City  of  Vicksburg  an  option  to  purchase  the  said  works. 


Be  it  ordained  by  the  Mayor  and  Aldermen  of  the  City 
of  Vicksburg. 

Sec.  1.  That  in  consideration  of  the  public  benefit  to  be 
derived  therefrom,  the  exclusive  right  and  privilege  is  hereby 
granted  for  the  period  of  (30)  years  from  the  time  this 
ordinance  takes  effect  unto  Samuel  R.  Bullock  and  Company 
their  associates  successors  and  assigns,  of  erecting,  maintain- 
ing and  operating  a system  of  Water  Works,  in  accordance 
with  the  terms  and  provisions  of  this  Ordinance  and  of  the 
Streets,  alleys.  Public  Squares,  and  other  public  places  with- 
in the  corporate  limits  of  the  City  of  Vicksburg,  Mississippi 
as  they  now  exist,  or  may  hereafter  be  extended  and  within 
such  other  territory,  as  may  now  or  hereafter  be  under  its 
jurisdiction,  for  the  purpose  of  laying  pipes,  mains  and  oth- 
er conduits  and  erecting  hydrants  and  other  apparatus  for 


97 


conducting  and  fnrnisliing  an  adequate  supply  of  good 
wholesome  water  to  the  City  of  Vicksburg  Mississippi  and  to 
its  inhabitants,  for  public  and  private  use  and  for  making  re- 
pairs, and  extensions  -to  the  said  system  from  time  to  time 
during  the  period  in  which  this  Ordinance  shall  be  in  force. 
The  said  Samuel  K.  Bullock  and  Company  their  associates, 
successors  and  assigns,  shall  exercise  the  greatest  care  and  dili- 
gence in  the  use  of  the  said  streets,  alleys,  public  squares,  and 
other  public  places  and  shall  cause  no  unnecessary  obstructions 
of  and  interruptions  to  the  public  travel  over  or  upon  the  same, 
or  any  injury  to  or  interference  with  any  pipes,  mains,  or 
sewers  which  may  now  be  lawfully  located  beneath  the  sur- 
face thereof. 

The  said  Samuel  R.  Bullock  and  Company,  their  asso- 
ciates successors  and  assigns,  shall  take  every  precaution, 
against  danger  to  property,  life  and  limb  by  reason  of  the  ex- 
ercise of  the  rights  and  privilege  hereby  granted,  and  shall 
cause  all  excavations  and  obstructions  to  be  properly  lighted 
and  guarded  at  night,  and  after  the  completion  of  the  pur- 
poses for  which  the  said  streets  alleys,  public  squares,  and  oth- 
er public  places  may  be  used  they  shall  be  restored  to 
their  former  condition,  as  near  as  may  be  without  unnecessary 
delay,  and  they  shall  at  their  own  cost  and  expense  relay 
their  mains  and  pipes  when  made  necessary  by  a change  of 
grade  in  any  street  ordered  by  the  Board  of  Mayor  and  Al- 
dermen of  said  City,  if  there  was  no  established  grade  for 
such  street  at  the  time  said  mains  and  pipes  were  laid.  On 
failure  to  restore  said  streets,  alleys,  public  squares  and  othei 
public  places,  as  aforesaid,  the  Mayor  and  Aldermen  of  the 
City  of  Vicksburg,  may,  on  reasonable  notice  to  them  by  any 
City  officer,  cause  the  same  to  be  so  restored,  and  recover  the 
costs  and  expense  thereof  from  the  said  Samuel  R.  Bullock  & 
Co.,  their  asociates,  successors  and  assigns  in  any  Court  having 
Jurisdiction  of  the  amount. 

The  said  Samuel  R.  Bullock  and  Company  their  As- 
sociates successors  and  assigns  hereby  agree  to  hold  the  Mayor 
and  Aldermen  of  the  City  of  Vicksburg,  from  any  liability 
which  may  result  to  it  by  reason  of  any  violation  of  this  Sec- 
tion. 


Sec.  2.  The  general  plan  of  the  said  system  of  Water 
Works  shall  be  as  follows : 

MAIXS,  The  pipe  system  shall  consist  of  not  less  than 
(12)  miles  of  mains  of  sizes  varying  from  sixteen  (10)  in- 
ches to  six  (0)  inches  in  diameter.  The  pipes  used  shall  be 

7-City 


98 


of  the  best  quality  of  cast  Iron  pipe,  and  each  pij^e  shall  be 
tested  at  its  place  of  manufacture  to  a pressure  of  three 
hundred  (300)  pounds  to  the  square  inch.  All  pipes  shall 
be  coated  with  Dr.  Angus  Smiths  preservative  varnish  and 
shall  be  laid  and  jointed  by  competent  mechanics  and  in  the 
best  possible  manner.  The  streets  along  which  and  at  what 
point,  said  mains  shall  be  laid,  shall  be  first  designated  by  the 
Board  of  Mayor  and  Aldermen  of  the  City  of  Vicksburg. 

HYDE  ANTS.  The  Hydrants  shall  be  double  nozzle  Fire 
Hydrants  with  nozzle  fitted  to  connect  with  the  hose  couplings 
now  in  use  by  the  Fire  Department  of  said  City  of  Vicksburg. 
The  Board  of  Mayor  and  Aldermen  of  the  City  of  Vicksburg 
shall  within  thirty  (30)  days  from  the  date  of  the  final  pas- 
sage of  this  ordinance  designate  the  points  on  the  line  of  the 
distributing  mains  at  which  the  Hydrants  shall  be  erected. 

GATES  AND  VALVES.  All  necessary  gates  and  valves 
shall  be  provided  and  located  at  such  points  on  the  lines  of  the 
mains  as  will  enable  certain  districts  to  be  cut  off  and  isolated 
when  repairs  are  needed  without  depriving  other  districts  of 
their  full  supply. 

PUMPS.  The  pumping  plant  shall  consist  of  two  pump- 
ing Engines  each  capable  of  pumpmg  two  millions  (2,000,000) 
of  gallons  of  water  per  day  of  twenty  four  hours  against  the 
pressure  needed  to  supply  all  parts  of  the  pipe  system  with 
an  abundant  supply  of  water.  They  shall  be  so  arranged  as 
to  be  operated  separately  or  together. 

BOILERS.  The  Boilers  shall  be  of  ample  capacity  to 
operate  the  pumping  Engines,  and  shall  be  so  arranged  as  to 
be  operated  separately  or  together  as  may  be  required. 

STAND  PIPES.  There  shall  be  a stand  pipe  or  reservoir, 
of  sufficient  capacity  and  height  or  elevation,  to  furnish  an  am- 
ple supply  of  water  for  consumption  at  the  highest  points 
along  the  lines  of  the  mains. 

PUMP  HOUSE.  The  Pump  and  Boiler  house  shall  be  a 
substantial  stone  or  brick  building,  of  ample  size  for  the 
Pumps  and  batteries  of  Boilers.  The  smoke  stack  wdll  be  of 
brick  of  the  size  needed  to  operate  the  boiler. 

SOURCE  OF  SUPPLY.  The  water  shall  be  taken  from 
such  point  as  may  be  free  from  all  sewerage  contamination 
and  shall  be  good  wholesome  water,  fit  for  any  purpose  of  do- 
mestic or  manufacturing  consumption. 


99 


Sec.  3.  In  consideration  of  the  public  benefit  and  the 
protection  to  property  resnltino*  from  the  construction  of  the 
said  System  of  Water  Works,  The  Mayor  and  Aldermen  of  the 
City  of  Vicksburg  hereby  rents  of  the  said  Samuel  K.  Bnllocxv 
and  Com])any  their  associates  successors  and  assigns,  not  less 
than  Eighty  (80)  double  nozzle  frost  proof  fire  hydrants  for 
the  aforesaid  period  of  Thirty  (30)  years,  at  the  animal  rental 
of  Sixty-five  (65.00)  dollars  for  each  hydrant  to  be  payable 
semi-annually  on  the  fifteenth  days  of  January  and  eluly.  Af- 
ter the  first  year  of  the  operation  of  said  Water  Works  the  said 
City  hereby  rents  not  less  than  ten  (10)  hydrants  in  addition 
to  said  eighty  (80)  for  the  unexpired  period  of  said  Tliirty 
(30)  years;  the  first  One  Hundred  (100)  liydranTs  shall  be  lo- 
oaled  on  the  original  Twelve  (12)  miles  of  mains  at  said  an- 
nual rental  of  Sixty-five  (65)  Dollars  payable  as  aforesaid  and 
for  the  remainder  of  said  period  of  Thirty  (30)  years  unex- 
pired at  the  time  of  placing  each  of  said  hydrants.  The  rental 
of  all  hydrants  in  excess  of  said  One  Hundred  (100)  hydrants 
hereafter  erected  on  the  line  of  distributing  mains  or  on  the  ex- 
tensions thereof  as  hereinafter  provided  at  the  request  of  the 
said  Mayor  and  Aldermen  of  the  City  of  Vicksburg  shall  be  at 
the  annual  rate  of  Fifty  ($50)  Dollars  for  each  hydrant  paya- 
ble as  aforesaid  during  the  unexpired  period  of  the  said  orig- 
inal term  of  Thirty  (30)  years.  Water  shall  be  used  from  the 
said  hydrants  for  the  extinguishment  of  fires  and  necessary  fire 
practice,  and  for  flushing  sewers  and  gutters  only,  provided 
that  for  fire  practice  and  flushing  sewers  no  more  than  two 
(2)  hydrants  shall  be  opened  at  one  time,  and  not  more  than 
once  in  each  week. 

Sec.  4.  Water  shall  be  furnished  free  of  charge  to  the  pub- 
lic schools  and  all  other  public  buildings  used  exclusively  for 
city  purposes  and  for  filling  public  cisterns,  and  the  City  Hos- 
pital shall  also  be  supplied  with  water  free  by  a supply  pipe 
whenever  the  mains  shall  be  laid  within  seven  hundred 
and  fifty  (750)  feet  of  said  hospital.  And  water  shall  also  be 
suppliecl  free  for  six  drinking  fountains  with  openings  for  man 
and  beast  and  one  public  fountain  to  be  erected  by  the  said 
Samuel  Kr  Bullock  & Company  in  such  place  on  tlie  line  of 
mains  as  the  Board  of  Mayor  and  Aldermen  of  the  City  of 
Vicksburg  may  direct. 

Sec.  5.  The  said  Samuel  R.  Bullock  and  Company  their 
associates  successors  and  assigns,  may  procure  the  organiza- 
tion of  a Water  Works  corporation,  under  the  laws  of  any 
State  and  may  assign  to  it  all  the  rights  and  privileges  acquired 
hereunder,  provided  that  such  assignment  shall  not  invalidate 


100 


or  effect  the  bond  required  by  Section  Seven  (7)  hereof;  and 
no  assignment  hereof  shall  be  valid  unless  such  assignee  shall 
in  Avriting  to  said  Board  of  Mayor  and  Alderman  accept  this 
Ordinance,  and  become  bound  by  its  terms  and  obligations. 
And  the  said  Board  of  Mayor  and  Aldermen  shall  pass  and 
enact  such  further  and  other  Ordinances,  and  may  do  and  per- 
form such  other  Acts,  including  the  repassage  of  this  ordi- 
nance in  favor  of  the  said  Corporation,  as  may  be  necessary 
to  vest  in  said  Corporation  the  rights  and  privileges  hereby 
granted. 

Sec.  6.  Upon  the  completion  of  the  construction  of  said 
S}^stem  of  Water  Works,  the  said  Samuel  E.  Bullock  and  Com- 
pany their  associates  successors  and  assigns,  shall  notify  the 
jNIayor  and  Aldermen  of  the  City  of  Vicksburg  to  that  effect 
in  writing  and  thereupon  submit  the  works  to  such  a test  as 
Avill  show  the  capacity  of  the  Works,  to  be  sufficient,  to  throw 
from  four  (4)  fire  streams  through  one  hundred  feet  of  two 
and  one-half  inch  hose,  and  one  inch  nozzle  from  four  (4)  dif- 
ferent hydrants,  a stream  not  less  than  fifty  (50)  feet  high, 
at  the  highest  elevation  on  which  any  of  such  hydrants  are  lo- 
cated. On  the  satisfactory  performance  of  this  test  the  said 
Board  of  Mayor  and  Aldermen  shall  formally  accept  said  sys- 
tem if  constructed  in  accordance  Avith  the  terms  of  this  ordi- 
nance. 

Sec.  7.  Within  fifteen  days  after  the  day  that  this  ordi- 
nance takes  effect  the  said  Samuel  R.  Bullock  and  Company 
their  associates  successors  and  assigns,  shall  file  their  written 
acceptance  thereof  binding  themselA^es  to  its  terms  and  obliga- 
tions in  the  office  of  the  City  Clerk,  accompanied  by  their 
Bond  in  the  penal  sum  of  Ten  Thousand  Dollars  ($10,000.00) 
Avith  tAvo  or  more  sufficient  securities  ta  be  approved  by  said 
Board  of  Mayor  and  Aldermen,  and  executed  to  the  Mayor 
and  Aldermen  of  the  City  of  Vicksburg  and  conditioned  for 
the  faithful  performance  of  the  terms  of  this  Section.  On 
failure  to  file  such  -^onds  Avithin  said  time,  this  Ordinance  shall 
become  null  and  void.  But  if  said  board  shall  not  approve  the 
bond  so  filed  said  Board  may  in  its  discretion  o-rant  additional 
reasonable  time  Avithin  Avhich  to  file  another  bond. 

The  construction  of  said  system  shall  be  commenced  Avith- 
in sixty  days  after  this  Ordinance  takes  effect,  and  said  system 
shall  be  completed  Avithin  Eighteen  (18)  months  after  the  com- 
mencement of  the  construction  thereof,  provided  hoAveA^er, 
that  the  time  during  Avhich  the  said  Samuel  E.  Bullock  and 
Company  their  associates, successors  and  assigns  are  delayed 
by  floods,  Act  of  God, or  the  public  enemy, legal  proceedings  for 


101 


the  maintenance,  or  defense  of  their  legal  rights  or  in  the  ac- 
quisition of  property  or  right  of  way  or  by  reason  of  any  other 
cause  whatever  beyond  their  control,  shall  form  no  part  ot  the 
time  limited  in  this  ordinance  for  the  i^erformance  of  any  act 
required  by  the  terms  hereof  to  be  done  by  them,  but  they  shall 
nse  all  due  diligence  to  remove  any  such  obstruction,  or  de- 
lays. 


Sect.  8.  The  said  Board  of  Mayor  and  Aldermen  of  the 
City  of  Vicksburg,  shall  from  time  to  time  pass  and  enact  ordi- 
nances under  suitable  penalties  providing  for  the  protection 
of  the  said  IVater  IVorks  from  damages,  fraud  or  imposition. 

Sec.  9.  At  the  expiration  of  each  period  of  ten  years  af- 
ter this  Ordinance  takes  effect  the  Mayor  and  Aldermen,  of  the 
City  of  Vicksburg  shall  have  the  right  and  privilege  to  pur- 
chase the  said  system  of  Water  Works,  provided  they  notify 
the  said  Samuel  R.  Bullock  and  Company,  their  associates,  suc- 
cessors or  assigns  of  their  intention  so  to  do,  at  least  one  year 
before  the  expiration  of  the  said  period  of  ten  (10)  years. 

The  value  of  the  said  system  shall  be  ascertained  as  fol- 
lows : The  said  Samuel  R.  Bullock  and  Company,  their  Asso- 
ciates, successors  or  assigns,  and  the  said  Board  of  Mayor  and 
Aldermen  of  the  City  of  Vicksburg  shall  severally  appoint  one 
person,  the  two  appointed  shall  choose  a third  and  the  three 
Iversons  thus  chosen,  who  shall  be  Hydraulic  Engineers  shall 
constitute  a Board  to  determine  the  value  of  the  said  system 
of  Water  Works.  None  of  the  Board  shall  be  residents  of 
the  said  AVarren  County.  The  said  Mayor  and  Aldermen  of 
the  City  of  A^icksburg  shall  within  sixty  days  after  the  said 
Board  have  rendered  its  decision,  pay  the  amount  awarded  in 
cash.  A failure  to  so  pay  the  award,  or  to  give  notice  of  in- 
tention to  purchase  shall  operate  as  a waiver  of  the  right  to 
purchase  until  the  expiration  of  the  next  succeeding  period  of 
ten  years. 

Sec.  10.  The  said  Samuel  R.  Bullock  and  Company  their 
associates  successors  or  assigns  shall  make  extension  to  their 
lines  of  mains  whenever  called  upon  so  to  do  by  the  Mayor  and 
Aldermen  of  the  City  of  Vicksburg,  provided  however,  that 
said  extension  shall  not  be  less  than  five  hundred  feet  in  length 
and  that  one  public  fire  hydrant  shall  be  erected  or  located  on 
each  five  hundred  feet  or  major  portion  thereof  and  further 
i:>rovided  that  two-thirds  of  the  residents  on  the  line  of  such 
extension,  shall  agree  to  take  water  at  the  established  rates  for 
a period  of  at  least  two  years.  But  the  said  Samuel  R.  Bui- 


102 


lock  and  Company  their  associates  successors  or  assigns  may 
voluntarily  make  such  extension  from  time  to  time  as  they  may 
deem  necessary. 

Sec.  11.  After  the  works  are  put  in  operation,  if  at  any 
time  the  pressure  gauges  located  at  the  points  hereinbefore 
named  should  indicate  a pressure  of  less  than  twenty  (20) 
pounds  on  the  distributing  mains  at  tlie  highest  point  of  eleva- 
tion for  the  period  of  two  weeks  in  succession  then  the  rental 
for  the  use  and  employment  of  the  hydrants  for  the  purpose 
aforesaid  shall  cease  until  the  standard  of  pressure  in  this 
section  provided  shall  be  attained,  provided  however,  if  the 
pressure  indicated  as  aforesaid  should  be  less  than  twenty  (20) 
pounds,  for  two  calendar  months  in  succession,  then  all  the 
rights  and  privileges  of  the  said  Samuel  R.  Bullock  and  Com- 
pany their  associates  successors  or  assigns,  acquired  by  virtue 
of  this  Ordinance  shall,  at  the  option  of  said  Board  of  Mayor 
and  Aldermen,  made  in  writing,  cease,  determine  and  be  null 
and  void.  But  nothing  herein  contained  shall  be  so  construed 
as  to  prevent  the  said  Samuel  R.  Bullock  and  Company  their 
associates,  successors  or  assigns  from  temporarily  shutting  off 
the  water  from  its  said  system  or  any  portion  thereof,  for  the 
purpose  of  making  repairs,  or  extensions  to  the  same.  And  no 
liability  shall  attach  to  the  said  Samuel  R.  Bullock  and  Com- 
pany their  associates,  successors  or  assigns  for  the  suspension 
of  the  supply  of  water,  provided  the  repairs  or  extensions  are 
made  and  the  water  turned  on  again  Avithout  unnecessary 
delay.  But  the  City  shall  not  be  liable  to  pay  the  rental  for 
any  hydrant  during  such  time  as  the  proper  supply  of  water 
cannot  be  procured  therefrom. 

Sec.  12.  Be  it  further  ordained  that  as  a part  of  the  con- 
sideration for  the  performance  of  the  duties  and  obligations 
imposed  on  the  said  Samuel  R.  Bullock  and  Company  their 
associates,  successors  or  assigns,  the  said  Water  Works  and 
the  property  and  the  business,  pertaining  thereto,  and  employ- 
ed in  and  about  said  system,  shall  be  exempt  from  all  munici- 
pal taxation,  during  the  first  five  years  of  their  operation,  and 
all  of  the  property  and  business  pertaining  to  and  employed  in 
and  about  said  system  of  Water  Works  shall  thereafter  during 
each  year  of  the  balance  of  the  period  of  this  contract  be  as- 
sessed for  taxation  by  said  City  at  a valuation  not  to  exceed 
the  sum  of  Fifty  Thousand  ($50,000.00)  Dollars. 

Sec.  13.  The  said  Samuel  R.  Bullock  and  Company  their 
associates,  successors  and  assigns,  shall  have  the  right  to 
make  all  needful  rules  and  regulations  governijig  the  consump- 


103 


tion  of  water,  the  tapping  of  pipes  and  general  operation  of 
the  works,  and  to  to  make  such  rates  and  charges  tor  the  use  of 
said  water  as  they  may  determine  provided,  that  said  rates 
shall  not  exceed  fifty  cents  for  each  one  thousand  gallons  of 
water. 

Sec.  11.  Be  it  further  ordained,  that  for  the  purpose  of 
paying  the  obligations  land  liabilities  of  the  said  Mayor  and 
Aldermen  of  the  City  of  Vicksburg  which  shall  accrue  to  the 
said  Samuel  R.  Bullock  and  Company,  their  associates,  suc- 
cessors or  assigns,  by  virtue  of  the  terms  and  conditions  of  this 
Ordinance,  the  said  Mayor  and  Aldermen  of  the  City  of  Vicks- 
burg, or  other  duly  constituted  municipal  authorities  shall  an- 
nually levy  and  cause  to  be  collected  upon  the  taxable  proper- 
ty of  said  City,  a special  tax,  to  be  known  and  designated  as  the 
‘AVater  "Works  tax”  sufficient  to  meet  and  pay  all  of  said  obli- 
gations and  liabilities  during  the  continuance  of  this  contract, 
and  until  all  of  said  obligations  and  liabilities  shall  be  paid 
and  discharged. 

Sec.  15.  Be  it  further  ordained  that  this  Ordinance  shall 
take  eftect,  from  and  after  its  approval  by  the  Mayor. 

Ordained  this  18th  day  of  November,  1886. 

Approved  this  19th  day  of  November,  1886. 

0.  B.  p.  173-180. 


L.,  N.  O.  & T.  Switch  Ordinance. 

AN  ORDINANCE  to  authorize  the  construction  of  and  operation  of 
certain  switches  on  Levee  street,  to  empower  tiie  Vicksburg  Rail- 
road Company  and  the  Louisville,  New  Orleans  and  Texas  Railway 
Company  to  contract  with  each  other  and  for  other  purposes. 


Sec.  1.  Whereas  the  Mayor  and  Aldermen  of  the  City  of 
Vicksburg  have  heretofore  framed  a certain  ordinance,  em- 
powering the  Vicksburg  Cotton  Oil  Company,  the  Mattingly 
!\Iilling  Company,  and  the  P.  P.  Williams  Company  to  con- 
struct certain  switches  to  their  respective  warehouses  on  Levee 
Street  in  the  City  of  Vicksburg  and 

Whereas  the  said  ordinance  contained  no  provisions  au- 
thorizing the  Louisville,  New  Orleans  and  Texas  Railway 
Company  to  connect  with  or  to  construct  and  operate  said 


104 


switches  and  thereby  defeated  the  intention  and  purpose  of 
said  ordinance;  therefore  in  order  to  give  ftill  force  and 
effect  to  said  ordinances, 

Be  it  ordained  by  the  Mayor  and  Aldermen  of  the  City  of 
Vicksburg  that  the  Louisville,  New  Orleans  and  Texas  Rail- 
way Co.  is  expressly  authorized  and  empowered  to  construct 
said  SAvitches  and  any  other  switches  to  abutting  property  on 
said  Levee  street;  and  to  own,  use  and  operate  and  maintain 
the  same  subject  at  all  times  to  the  control  and  poAver  of  the 
Mayor  and  Board  of  Aldermen  of  the  City  of  Vicksburg  and 
their  successors  in  office. 

Sec.  2.  Be  it  further  ordained  that  the  Louisville,  NeAV 
Orleans  and  Texas  HailAvay  Company,  and  the  Vicksburg 
Street  Railroad  Company  may  contract  Avith  each  other  *n 
such  Avay,  in  such  manner,  and  for  such  purpose  as  may  be  mu- 
tually satisfactory  Avith  each  other,  relatiA^e  to  their  respective 
tracks  and  SAvitches  and  the  use  thereof  on  said  Levee  Street 
proAuded  that  nothing  herein  contained  shall  release  either  of 
said  Companies  from  any  obligations  they  are  noAv  under  by 
virtue  of  the  ordinance  granting  said  Companies  the  right  of 
Avay  along  said  street,  to  keep  said  street  in  repair  as  provided 
by  said  ordinance. 

Sec.  3.  Be  it  further  ordained  that  the  Railroad  Company 
constructing  or  causing  the  said  SAvitches  to  be  so  construct- 
ed, shall  cover  said  sAvitch  track  betAveen  the  rails  of  same,  and 
for  one  foot  on  each  side  Avith  good  strong  suitable  timber  se- 
curely fastened  along  the  entire  length  of  said  SAvitch  Avhere  it 
traverses  the  sideAvalk  and  keep  samein  perfect  repair  and  con- 
dition so  long  as  said  SAvitch  remains  on  the  sidewalk. 

Sec.  4.  Be  it  ordained,  That  this  ordinance  take  effect 
from  and  after  its  passage. 

Ordained  this  16th  day  of  June,  1890  . 

Approved  this  18th  day  of  June,  1890. 

0.  B.  p.  152  3. 


105 


Street  Railways. 

“AN  ORDINANCE  to  provide  for  tlie  proper  construction  of  Street  Rail- 
ways on  the  streets  of  the  City  of  Vicksburg,  and  to  protect  the 
public  rights  therein.” 


Sec.  1.  Be  it  ordained  by  the  Board  of  Mayor  and  Aider- 
men  of  the  City  of  Vicksburg,  That  any  corporation,  or  per- 
son who  shall  hereafter  lay  and  construct  any  track  for  a 
street  railway,  on  any  of  the  streets  of  said  City,  shall  in  laying 
and  constructing  the  same  conform  to  and  observe,  do  and 
j)erform  the  following  plans  specifications  and  conditions,  that 
is  to  say  : 

1st.  That  such  person  or  corporation  shall  lay  its  tracks 
upon  such  a line  as  that  the  top  of  the  rails  shall  be  upon  a 
level  with  the  surface  with  the  street. 

Wherever  a track  is  laid  above  the  surface  of  any  street  or 
part  of  a street  which  is  gravelled,  said  person  or  corporation 
shall  immediately  as  the  work  progresses  cause  such  part  of 
the  street  to  be  filled  in  with  fresh  gravel  to  the  level  of  the 
top  of  the  rails  of  the  track,  and  for  the  whole  width  of  said 
street  and  properly  distributed  and  rounded  over  the  same. 

And  whenever  such  track  is  laid  below  the  surface  of  any 
part  of  the  street  said  person  or  corporation  shall  excavate  the 
street  at  such  place,  so  that  the  surface  thereof  shall  conform  to 
said  level  and  in  case  that  more  than  four  inches  be  excavated 
from  such  surface  of  the  street  at  such  places,  the  same  shall  be 
regraveled  with  the  same  thickness  of  gravel  with  which  same 
was  originally  laid,  and  in  reconstructing  such  pavement,  the 
old  gravel  may  be  used  for  a foundation,  provided  the  same  has 
not  mixed  with  clay  and  earth  so  as  to  render  the  same  unsuita- 
ble and  when  laid  it  be  wetted,  tamped,  and  rolled,  and  the  sur- 
face shall  be  covered  witli  not  less  than  four  inches  of  fresh 
gravel  ; but  no  change  of  grade  exceeding  one  foot  at  any 
l^oint,  shall  be  made  without  the  consent  of  the  Board  of 
IMayor  and  Aldermen.  Such  person  or  corporation  shall  re- 
build and  restore  all  crossings  to  the  same  condition  in  which 
same  was  found. 

2nd.  In  constructing  any  track  for  a Street  Railway  to 
be  propelled  otherwise  than  by  horses  or  mules  all  excavations 
made  on  said  streets  within  wliich  to  lay  cross  ties  and  rails 
such  tracks  shall  be  filled  with  fresh  gravel  and  tamped  and 
rolled  so  that  the  surface  of  the  street  between  the  tracks  and 
on  either  side  thereof  shall  conform  to  the  level  of  the  top  of 


106 


the  rails.  And  said  street  shall  be  reconstructed  and  restored 
as  the  work  of  laying  the  track  progresses,  and  the  earth  and 
the  old  gravel  taken  from  said  excavation  shall  be  removed  by 
said  person  or  corporation  from  said  street. 

3rd.  That  hereafter  that  said  person  or  corporation  shall 
keep  and  maintain  in  good  repair  the  street  between  the  rails 
of  said  track,  and  for  two  feet  on  each  side  thereof. 

4th.  That  if  any  track  be  laid  and  constructed  on  any 
gravelled  street  m said  city  for  a Street  Railway,  to  be  operated 
wholly  or  in  part  by  mules,  or  horses,  then  the  space  between 
the  rails  and  for  two  feet  on  each  side  thereot  shall  be  paved 
by  the  person  or  corporation  laying  the  same,  with  vitrified 
brick  on  concrete  foundations  or  with  granite  blocks  laid  in  a 
substantial  and  secure  manner  on  a level  with  the  top  of  the 
rails  of  said  track,  and  be  not  less  than  seven  inches  from  the 
top  of  the  rail  to  the  cross  ties,  which  said  pavement  shall  be 
laid  and  completed  as  the  laying  of  such  track  progresses,  and 
such  person  or  corporation  shall  thereafter  keep  and  maintain 
said  pavement  in  good  repair. 

Sec.  2.  Be  it  further  ordained  That  any  track  for  a 
Street  Railway  which  has  heretofore  been  laid  and  not  in  con- 
formity to  the  foregoing  provisions,  shall  upon  notice  to  the 
person  or  corporation  by  whom  same  was  laid  be  reconstructed 
and  repaired  according  to  the  plans, terms  and  conditionsof  this 
ordinance.  And  upon  failure  so  to  do  after  a reasonable  time 
and  notice  by  the  Board  of  Mayor  and  Aldermen  then  said 
Board  shall  cause  said  Track  to  be  torn  up  and  removed  from 
said  streets. 

Sec.  3.  Be  it  further  ordained  That  if  any  person  or  cor- 
poration shall  violate  any  of  the  provisions  of  this  ordinance, 
he  or  they  shall  be  guilty  of  a misdemeanor,  and  upon  convic- 
tion shall  be  fined,  for  each  offense  not  less  than  $100.00.  And 
it  shall  be  the  duty  of  the  Mayor  and  the  City  Marshal,  to 
proin|Dtly  arrest  any  and  all  persons  violating  this  ordinance. 

Sec.  4.  Be  it  further  ordained  That  nothing  in  this  ordi- 
nance contained,  is  intended,  or  shall  be  deemed  to  be  an  ordi- 
nance by  the  Board  of  Mayor  and  Aldermen  of  any  right  by 
the  Vicksburg  Electric  Street  Railway  Company,  to  lay  a Rail- 
way track  on  any  street  in  said  City,  or  a waiver  of  any  of  the 
rights  of  said  Board  as  against  said  Compan3\  And  that  this 
ordinance  take  effect,  and  be  in  force  from  and  alter  its 
passage. 

Ordained  January  13th,  1893. 

O.  B.  p.  157-9. 


107 


Percival  Steele  Street  Railway. 

AN  ORDINANCE  to  grant  to  Percival  Steele,  his  associates,  successors 
and  assigns,  the  right  to  construct,  maintain  and  operate  an  Electric 
Light  Plant  for  furnishing  heat,  power  and  light,  and  a plant  for 
furnishing  compressed  air  to  the  City  of  Vicksburg  and  the  inhabit- 
ants thereof,  and  to  maintain  and  operate  a Street  Railway  on  the 
streets  of  the  City  of  Vicksburg. 


SECTIOX  1. 

Be  it  ordained  by  the  Mayor  and  Aldermen  of  the  City  of 
Vicksburg,  Mississippi,  that  in  consideration  of  the  public 
benefits  to  be  derived  therefrom,  the  right  and  privilege  are 
hereby  granted  for  the  term  of  fifty  years  from  the  time  this 
Ordinance  takes  effect,  unto  Percival  Steele,  his  associates,  suc- 
cessors and  assigns,  to  construct,  maintain  and  operate  a 
Street  Railway  on  all  the  Streets,  and  avenues  now  in  the  said 
City  of  Vicksburg,  or  that  may  hereafter  become  a part  of  the 
said  City  of  Vicksburg,  with  necessary  turnouts,  switches  and 
other  accessories,  and  to  erect  and  maintain  j^oles,  wires  and 
pipes  on  or  under  said  streets  with  the  necessary  appliances  and 
fixtures  for  condacting  currents  of  electricity,  or  other  means 
for  the  purpose  of  transmitting  and  producing  motive  power, 
light  and  heat,  and  to  propel  and  operate  the  cars  on  such 
Railway,  and  to  erect  and  maintain  poles  and  wires  on  or  un- 
der the  said  streets,  or  pipes  under  the  said  streets,  and  employ 
all  necessary  appliances  required  for  the  use  of  any  other  suit- 
able motive  power  (other  than  horses  and  mules)  which,  with 
the  consent  of  said  Mayor  and  Aldermen  may  be  employed  to 
propel  said  cars  and  furnish  power,  heat  and  light.  Also  the 
right  and  privilege  for  the  said  period  of  Fifty  years,  of 
erecting  and  maintaining  on  dr  under  said  streets,  poles,  wires, 
pi  pesandotherappli  ancestor  condacting  currents  of  electricity 
or  other  means,  and  for  the  purpose  of  supplying  to  the  said 
City,  Avhen  contracted  with,  and  the  inhabitants  thereof,  elec- 
tric light,  heat,  power  and  compressed  air.  It  is  provided 
further  that  on  any  street  noAV  in  said  City  of  Vicksburg,  or 
that  may  hereafter  be  added  to  it,  upon  which  steam  is  now, 
or  may  hereafter  be  employed,  the  said  Percival  Steele,  his  as- 
sociates, successors  and  assigns,  shall  have  the  right  and  privi- 
lege to  use  steam,  as  a motive  power  thereon  to  carry  passen- 
gers and  freight,  with  the  exception  however  of  Pearl  Street. 
Said  rights  and  privileges  are  granted  subject  to  the  condi- 
tions and  limitations  herein  set  forth. 

SECTIOX  II. 

That  said  Railway  be  operated  by  Electricity,  Compressed 
air  or  cable,  provided  that  said  Railway  may  be  in  whole  or 


108 


part  operated  by  some  other  suitable  and  approved  motive 
power  other  than  horses  and  mules,  with  the  consent  of  said 
Mayor  and  Aldermen,  and  to  be  first  submitted  to  and  approv- 
ed by  them,  except  in  the  event  of  any  accident  to  the  ma- 
chinery, destruction  of  the  power  house  by  fire  or  other  cause, 
the  cars  may  be  propelled  by  animals  or  other  power  for  a pen- 
od  of  not  exceeding  ninety  days  from  the  date  of  the  accident. 

SECTIOX  III. 

That  said  Railway  shall  consist  of  a single  or  double  track, 
about  four  feet  eight  and  one-half  inches  between  the  rails 
along  said  streets,  except  where  necessary  turnouts  and  switch- 
es shall  be  located.  All  tracks  shall  be  constructed  and  main- 
tained, as  far  as  practicable,  in  such  a manner  as  to  avoid  im- 
pediment to  the  free  and  ordinary  uses  of  the  streets  and  pass- 
age of  wagons,  carriages  and  other  vehicles,  on  or  across  said 
track  at  any  point,  and  in  any  and  all  directions,  and  with 
suitable  bridges  at  all  gutters  and  other  points,  so  as  to  permit 
the  free  flow  of  water  under  the  same.  And  in  case  any  such 
street  or  part  thereof  be  paved  or  improved  by  said  Mayor  and 
Aldermen  after  the  tracks  are  laid,  then  the  said  Percival 
Steele,  his  associates,  successors  'and  assigns,  shall  at  their  own 
expense,  make  a like  improvement  or  lay  a like  pavement  be- 
tween the  rails  and  for  a space  of  one  foot  on  each  side  of  said 
Railway  track,  under  the  direction  of  the  Mayor  and  Aider- 
men  of  said  City;  and  they  shall  keep  the  space  between  the 
rails  and  for  one  foot  on  each  side  of  said  Railway  track  in 
good  repair  over  all  the  streets  occupied  by  said  Railwa}^  track. 

SECTION  IV. 

Said  Railway  shall  be  operated  with  modern  cars,  with  all 
proper  equipment  for  the  comfort,  safety  and  convenience  of 
passengers. 

SECTION  V. 

There  shall  be  constructed  and  kept  in  continuous  use,  en- 
tirely around  the  running  gear  of  the  oars  of  said  Railway, 
the  most  approved  guard  fender,  or  safety  device,  to  push  from 
the  track  any  obstacle  which  may  fall  or  be  thereon. 

SECTION  VI. 

The  said  Percvival  Steele  his  associates,  successors  'and  as- 
signs, shall  have  the  right  to  make  and  collect  charges  for  car- 
rying  persons  and  things,  except  the  Mayor,  members  of  the 
Board  of  Aldermen,  policemen,  and  paid  members  of  the  Fire 
Department,  land  shall  not  charge  more  than  (5)  cents  for  one 


109 


passenger  for  one  continnons  passage  in  City,  'with  privilege 
of  transfer  to  branch  lines  without  extra  charge,  and  a rea- 
sonable charge  tor  parcels  and  freight,  except  where  cars 
shall  be  chartered  for  a specific  purpose. 

SECTION  VII. 

All  poles  shall  be  neat  and  regular  in  form,  size  and 
height,  and  shall  be  painted  in  dark  colors,  and  repainted  from 
time  to  time  as  the  Mayor  and  Aldermen  may  direct,  but  shall 
not  be  rectuired  to  paint  them  oftener  than  once  every  four 
years.  City  to  have  the  jirivilege  to  use  said  poles  for  fire 
alarm  purposes.  They  shall  be  about  one  hundred  and  twen- 
ty-five feet  apart,  except  where  otherwise  required,  and  shall 
be  placed  at  such  points  near  the  curb-stone  line  as  may  be 
designated,  except  on  streets  sixty-six  feet  wide  or  over,  where 
double  tracks  are  in  use, then  center  poles,  or  wliat  is  known  as 
bracket  construction  may  be  used  ; provided  that  wires  may 
be  attached  to  buildings  with  the  consent  of  tlie  owners,  and 
thereby  avoid  the  erection  of  poles  at  such  point.  Should  it  be 
necessary  for  the  prosecution  of  any  work  by  the  said  Mayor 
and  Ahlernien  tliat  such  poles  should  be  temporarily  re- 
moved, such  removal  shall  be  by  said  Percival  Steele,  his  asso- 
ciates, successors  and  assigns,  at  their  own  expense,  without 
any  claim  for  damages  therefor. 

SECTION  YIII. 

The  said  Ma}mr  and  Aldermen  shall  not  be  liable  to  the 
said  Percival  Steele,  his  associates,  successors  and  assigns,  for 
any  damage  sustained  from  any  delay  or  interruption  in  op- 
erating said  railway  by  reason  of  any  improvement  of  the 
streets,  construction  of  sewers,  the  laying  of  gas  or  water 
j:)ipes,  or  for  any  other  cause  ordered  or  permitted  by  the  said 
Mayor  and  Aldermen  for  public  use.  And  the  said  Percival 
Steele,  his  associates,  successors  and  asisgns,  shall  at  all  times 
hereafter  defend,  keep  harmless  and  indemnify  the  said  Mayor 
and  Aldermen  from  any  and  all  damages,  lawful  claims  and 
demands  for  injuries  to  2>ersons  or  jiroperty  done  by  them, 
their  agents,  officers,  employee  or  servants,  and  growing  out  of 
the  exercise  of  the  privileges  granted  by  this  Ordinance,  and 
the  oj)erating  of  said  Railway.  And  they  shall  defend  at 
their  own  exi^ense  all  actions  which  may  be  brought  against 
said  ^layor  and  Aldermen  for  such  damages,  Avhen  notified  by 
the  Mayor  of  said  City  or  other  officer. 


110 


SECTION  IX. 

The  said  Percival  Steele,  his  associates,  successors  and  as- 
signs, whenever  the  grade  of  any  street  may  be  changed,  shall 
at  their  own  expense  and  without  charge  to  the  said  Mayor 
and  Aldermen,  relay  its  track  so  as  to  conform  to  the  changed 
grade,  but  in  no  case  shall  they  be  liable  for  the  grad- 
ing or  any  damage  or  injury  to  property  caused  by  any 
change  made  by  the  said  Mayor  and  Aldermen  in  the  grade  of 
any  street,  or  by  the  lowering  or  elevation  of  any  roadway,  or 
any  street  by  said  Mayor  and  Aldermen. 

SECTION  X. 

The  following  specifications  shall  be  observed  in  the  run- 
ning of  said  Cars: 

1.  The  Cars  of  said  Railway  shall  be  run  at  reasonable 
intervals  so  as  to  accommodate  the  public  unless  interrupted  by 
accident.  No  car  shall  stop  on  the  cross-walk,  nor  in  front  of 
an  intersecting  street,  except  to  avoid  accidents,  nor  shall  any 
car  remain  standing  on  any  street  at  any  time  unless  the  same 
is  waiting  for  passengers,  or  at  a terminus  or  turnout  or 
switch. 

2.  Mlien  cars  stop  to  receive  or  leave  passengers,  the 
rear  platform  shall  be  slightly  over  the  crossing  and  ingress 
and  egress  of  passengers  shall  be  permitted  only  from  and  by 
the  rear  platform. 

3.  Cars  or  trains  driven  in  the  same  direction  shall  not 
approach  each  other  nearer  than  thirty  feet. 

4.  The  driver  shall  keep  a vigilant  watch  for  all  teams, 
carriages,  persons  on  foot,  especially  children,  either  on  the 
track  or  moving  towards  it,  and  on  the  first  appearance  of 
danger,  the  driver  shall  sound  the  gong,  with  which  all  cars 
shall  be  equipped,  and  if  necessary,  the  car  shall  be  stopped 
until  the  danger  is  passed. 

5.  Ladies  and  children  shall  not  be  allowed  to  enter  nor 
to  leave  the  car  while  the  car  is  in  motion. 

C).  The  cars  after  sunset  shall  be  well  lighted,  and  shall 
also  be  j^rovided  with  a signal  light. 

7.  The  cars  shall  be  entitled  to  the  track ; any  vehicle  up- 
on the  track  shall  turnout  whenever  any  car  comes  up,  so 
as  to  leave  the  track  unobstructed,  and  the  driver  of  any  ve- 
hicle refusing  so  to  do  promptly,  when  requested  by  the  driver 


Ill 


of  the  car,  or  by  the  rino-ino-  of  the  gong  shall  be  liable  to  a line 
not  exceeding  live  dollars  ($5.00)  on  conviction  before  the 
City  Court. 

8.  The  Fire  Department  of  the  City  shall  have  the  right 
of  way  in  answering  alarms  and  lighting  lires. 

SECTION  XL 

Nothing  in  this  Ordinance  shall  impair  or  abridge  the 
control,  right  and  power  vested  by  law  in  the  Mayor  and  Al- 
dermen of  the  said  City  of  Vicksburg  concerning  the  streets 
thereof,  and  the  said  Mayor  and  xVldermen  shall  have  the  right 
hereafter  to  pass  any  ordinance  concerning  the  use  of  the 
streets  and  protect  the  rights  of  the  public  in  the  premises,  as 
shall  be  proper,  so  long  as  the  same  does  not  annul,  abridge 
or  interfere  with  the  right  and  privilege  granted  of  construct- 
ing and  operating  said  street  railway. 

SECTION  XII. 

Any  failure  on  the  part  of  the  said  Percival  Steele,  his 
associates,  successors  and  assigns  for  live  days(  and  in  case  of 
danger,  at  once)  after  written  notice  from  the  Mayor  and  Al- 
dermen or  Street  Commissioner,  to  repair  any  street,  or  any 
part  thereof  for  which  they  are  liable,  and  restore  the  same  to 
a condition  of  safety  and  convenience  for  public  travel,  shall 
constitute  a misdemeanor,  which  on  conviction  before  the 
City  Court,  shall  be  })unished  by  a line  not  exceeding  $50.00, 
and  any  such  failure  shall  authorize  said  Mayor  and  Aldermen 
or  Street  Commissioner  to  make  such  repairs,  and  said  JNIayor 
and  Aldermen  shall  collect  the  costs  and  expenses  of  the  same 
from  the  said  Percival  Steele,  his  associates,  successors  and  as- 
signs, by  suit  or  other  proceedings. 

SECTION  XIII. 

That  the  authority  and  privilege  hereby  granted  to  Per- 
cival Steele,  his  associates,  successors  and  assigns,  shall  be  and 
remain  in  full  force  for  and  during  the  period  of  fifty  years 
from  and  after  the  passage  of  this  Ordinance,  subject  always 
to  the  conditions  and  limitations  herein. 

SECTION  XIV. 

The  route  of  said  Pailway  shall  embrace  by  connecting 
lines,  the  following  j^oints,  to  wit:  The  corner  of  Washington 
and  Fair  Ground  Streets;  the  corner  of  Cherry  & Harrison 


112 


Streets;  corner  of  DeWitt  and  Drummond  Streets;  tlie 
corner  of  First  Xortli  and  Clay  Streets;  the  corner  of  Fifth 
North  and  Grove  Streets;  the  corner  of  Clay  and  Howard 
Streets,  and  the  corner  of  Fayette  & Farmer  Streets;  the  cor- 
ner  of  Main  and  Monroe  Streets;  corner  of  Monroe  and  Clay 
Streets;  and  corner  of  Clay  and  Washington  Streets,  as  per 
map  hereto  attached  and  made  part  hereof. 

Provided,  that  whenever  in  the  judgment  of  the  Mayor 
and  Aldermen  of  the  City  of  Vicksburg,  it  is  necessary  to  have 
a Street  Ivailway  line  on  a street  that  is  without  street  railway 
accommodations,  the  said  officials  shall  notify  the  said  Percival 
Steele,  his  associates,  successors  and  assigns  (or  if  the  said 
railway  be  then  operated  by  a corporation,  then  the  Presi- 
dent of  such  corporation)  in  writing,  to  build  and  operate  a 
line  oil  said  street,  and  if  the  said  Percival  Steele, his  associates, 
successors  and  assigns,  do  not  begin  work  on  the  said  streets 
within  six  months  thereafter,  then  the  Mayor  and  Aldermen  of 
the  City  of  Vicksburg,  may  elect  to  give  the  right  to  build  and 
operate  a street  railway  on  said  street  to  any  other  in- 
divdual  or  corporation,  or  they  may  build  and  operate 
the  said  railway  in  the  name  of  the  municipality;  but 
if  the  said  Percival  Steele,  his  associates,  successors,  and  as- 
signs accept  the  said  notice  from  the  said  Mayor  and  Aldermen 
of  the  City  of  Vicksburg,  and  build  and  operate  the  said  rail- 
way as  requested,  then  no  rights  shall  be  given  to  any  indi- 
vidual or  coiqDoration,  which  would  imjoair  the  rights  already 
conferred  by  this  franchise.  The  said  Percival  Steele,  his  as- 
sociates, successors  and  assigns,  shall  not  be  obliged,  at  any 
time,  to  build  more  than  two  miles  of  track  in  any  one  year, 
except  as  hereinafter  provided.  The  said  Percival  Steele,  his 
associates,  successors  and  assigns,  shall  begin  the  work  of  con- 
struction of  said  Railway  on  or  before  five  months  from  the 
approval  of  this  Ordinance,  and  shall  complete  and  have  in 
full  operation  at  least  four  miles  of  said  railway  covering  the 
above  mentioned  points  on  or  before  December  31st,  1898,  and 
shall  within  thirty  days  from  the  approval  of  this  Ordinance, 
deliver  to  the  Clerk  of  the  said  City,  a bond  with  two  or  more 
good  and  sufficient  sureties  in  the  penal  sum  of  Five  Thousand 
dollars,  or  deposit  with  said  Clerk,  a check  of  Five  Hundred 
dollars,  the  condition  of  said  bond  or  check  being  the  faith- 
ful carrying  out  and  performance  of  the  undertaking  and  ob- 
ligations set  forth  in  this  section  of  this  ordinance.  And  it  is 
hereby  provided  and  agreed  that  failure  to  file  the  bond  or 
deposit  the  certified  check  within  said  thirty  days,  or  to  com- 
mence construction  within  five  months  from  the  approval  of 
this  ordinance,  this  franchise  and  all  its  privileges  herein  grant- 


113 


ed  shall  be  forfeited.  The  said  Percival  Steele,  his  associates, 
successors  and  assigns,  shall  have  the  right  thereafter  to  extend 
their  lines  over  any  street,  except  on  the  portioii  of  such  street 
as  may  then  be  occupied  by  a Street  railway  theretofore  laid  in 
2)nrsnance  of  a right  granted  by  said  Mayor  and  Aldermen; 
Provided,  however,  if  any  litigation  in  good  faith  shall 
arise  as  to  the  right  of  the  way  herein  granted  OA^er  any  jDortion 
of  the  route,  or  the  construction  of  said  railway  be  interrupted 
by  any  injunction  or  other  proceedings,  or  by  any  unavoidable 
accidents,  then  the  time  of  the  pending  of  such  litigation  or 
})roceedings,  or  the  existence  of  such  injunction,  or  interrup- 
tion or  delay,  shall  not  be  com2:>uted  as  }>art  of  the  time  herein 
sjDecified  for  beginning  and  com2:)leting  said  railway,  but  said 
time  shall  be  accordingly  extended,  provided  that  in  all  such 
litigation  the  said  Percival  Steele,  his  associates,  successors 
and  assigns  shall  jorosecute  their  rights  Avith  diligence  and’ 
Avithout  unnecessary  delay. 

SECTION  XV. 

The  said  PerciA^al  Steele,  his  associates,  successors  and  as- 
signs may  at  any  time  change  the  route  or  line  of  said  raihvay 
or  any  })art  thereof,  Avith  the  consent  and  approval  of  said 
Mayor  and  Aldermen. 

SECTION  XVI. 

The  Mayor  and  Aldermen  of  said  City  shall  take  all  such 
proceedings  as  shall  be  necessary  and  as  shall  be  requested  by 
the  said  Percival  Steele,  his  associates,  successors  and  assiigns, 
to  protect  the  right  of  way  herein  granted,  but  all  such  pro- 
ceedings shall  be  at  the  expense  of  the  said  Percival  Steele,  his 
associates,  successors  and  as.signs,  but  said  Mayor  and  Aider- 
men  in  such  cases  may  require  security  for  costs  and  indemnity, 
to  be  ap|)roA"ed  by  it. 


SECTION  XVII. 

The  said  Percival  Steele,  his  associate,  successors  and  as- 
signs shall  in  Avriting,  accejii't the 2)errnission  and  privilege  here- 
in granted,  and  agree  to  comply  Avith  and  adopt  and  abide  Avith 
all  the  provisions,  conditions  and  restrictions  iq^on  AAdiich  the 
same  are  granted,  Avithin  thirty  days  after  the  j)assage  of  this 
Ordinance,  Avhich  Avriting,  together  Avith  said  check  or  said 
bond  shall  Avithin  the  same  time  l)e  filed  Avitli  the  City  Clerk, 
otherwise  this  Ordinance  Avill  be  null  and  void;  and  such  ac- 
ceptance shall  be  deemed  an  agreement  on  the  part  of  the  said 

8-City 


114 


Percival  Steele  liis  associates,  successors  and  assigns,  with  tin 
Mayor  and  Aldermen,  to  perform  all  and  singular  the  matter: 
and  things  required  by  the  said  Percival  Steele,  his  associate: 
successors  and  assigns,  to  be  by  them  j^erformed  under  tht 
foregoing  portion  of  this  Ordinance. 

SECTION  XVIII. 

Be  it  further  ordained,  that  as  a consideration  of  the  du- 
ties and  obligations  hereby  imposed  on  the  said  Percival  Steele 
his  associates,  successors  and  assigns,  the  Street  Railway 
shall  pay  into  the  Treasury  of  the  Mayor  and  Aldermen  of  the 
City  of  Vicksburg,  five  per  cent.  (5  per  cent)  of  its  net  receipts 
(net  receipts  meaning  all  monies  over  and  above  operating  ex- 
penses, interest  ancl  fixed  charges),  for  the  entire  term  of  fifty 
• (oO)  years,  and  this  shall  be  accepted  by  the  said  Mayor  and 
Aldermen  in  lieu  of  all  other  taxes  and  license  for  ten  years. 

SECTION  XIX. 

That  the  said  Percival  Steele,  his  associates,  successors  and 
assigns,  shall  have  right  to  assign  all  of  the  rights  and  priv- 
ileges acquired  by  this  Ordinance  to  any  individual  or  com: 
pany  incorporated  and  organized  under  the  laws  of  this,  oi 
any  other  State,  and  such  assignment  shall  vest  in  such  com-' 
pany  or  individual  all  the  privileges  and  rights  herein  and 
hereby  granted.  ^ 

SECTION  XX.  ' 

That  this  Ordinance  shall  take  effect  and  be  in  force  from 
and  after  its  passage.  ; 

Ordained  this  2nd  day  of  February  1898.  { 

Approved  this  3rd  day  of  February  1898  I 

O.  B.  p.  346-353.  ] 


Gas  Ordinance. 

AN  ORDINANCE  to  provide  for  the  lighting  of  the  City  of  Vicksburg 
with  gas. 

i 

I 

Section  1.  Be  it  ordained  by  the  Mayor  and  Aldermen  of  j 
The  City  of  Vicksburg  that  the  Vicksburg  Gas  Co.,  a corpora- 
tion chartered  organized  and  existing  under  the  statutory  laws 
ot  the  State  of  Mississippi,  its  grantees,  successors  and  assigns  ; 


115 


is  hereby  gTanted  the  right  for  the  period  of  fifty  years  from 
the  approval  of  this  ordinance  to  maintain  extend  and  operate 
in  the  City  of  Vicksburg  the  gas  works  heretofore  constructed: 
to  build  and  construct  new  gas  works,  with  the  necessary  plant 
machinery  and  appliances,  in  said  Citt^,  and  to  maintain,  ex- 
tend and  operate  the  same;  to  sell,  distribute  and  supply  gas 
therefrom  to  the  City  of  Vicksburg  and  its  inhabitants,  and 
for  the  purposes  aforesaid,  to  lay,  construct,  use,  operate  and 
maintain  in  the  usual  and  customary  manner,  mains,  pipes 
and  lamp  posts,  with  the  necessary  and  proper  attachments, 
connections  and  appurtenances  thereto,  in,  on  or  beneath  the 
highways,  sidewalks,  streets,  alle}^s,  lanes,  avenues,  boulevards, 
and  public  places,  and  on  bridges  and  viaducts,  in  the  City  of 
Vicksburg,  as  the  boundaries  thereof  are  now  and  may  here- 
after be,  provided  that  all  pavements,  macadam,  streets  and 
sidewalks  shall  be  taken  up  in  such  a manner  as  to  give  the 
least  inconvenience  to  the  said  City  and  the  inhabitants  there- 
of ; provided  further,  that  all  excavations,  pavements,  macad- 
am and  sidewalks  shall  be  replaced  and  repaired  by  said 
Vicksburg  Gas  Co.,  its  grantees,  successors  and  assigns,  at  its 
own  expense,  with  a like  material  as  before  excavation,  and 
so  as  to  be  left  in  as  good  condition  as  before. 

Sec.  2.  In  constructing,  repairing  and  ot3erating  said  Gas 
works,  the  said  Vicksburg  Gas  Co.,  its  grantees,  successors  and 
assigns,  shall  use  every  reasonable  and  proper  precaution  to 
avoid  damage  or  injury  to  persons  or  property,  and  shall  at  all 
times  and  in  all  places  hold  itself  liable  and  save  harmless  the 
said  City  from  all  and  every  such  damage,  injury,  loss  or  ex- 
pense, caused  or  occasioned  by  any  act  or  failure  to  act,  of 
the  said  Vicksburg  Gas  Co.,  its  grantees,  successors,  or  assigns, 
in  the  construction  or  repairing,  or  operation  of  any  street,  or 
by  reason  of  any  act  done  by  the  said  Vicksburg  Gas  Co.,  its 
grantees,  successors  or  assigns. 

Sec.  3.  Should  the  grade  of  any  highway,  street,  alley, 
lane,  avenue,  boulevard,  public  place,  bridge  or  viaduct  in  or  on 
which  the  Vicksburg  Gas  Co.,  or  its  grantees,  successors  or 
assigns,  shall  have  laid  any  pipes  or  mains,  be  in  any  man- 
ner changed,  altered  or  modified  by  the  City,  which  shall 
render  a change  or  alteration  necessary  in  the  positions  of  such 
pipes  and  mains,  the  expense  of  all  such  changes  and  altera- 
tions shall  be  borne  by  the  Mayor  and  Aldermen  of  the  City 
of  Vicksburg. 

Sec.  4.  Said  Vicksburg  Gas  Co.,  its  grantees,  successors 
and  assigns  shall  extend  its  pipes  and  mains  for  the  distri- 


116 


bution  of  gas  on  such  graded  streets,  avenues,  sidewalks,  high- 
ways, alleys  and  public  places  as  may  be  named  by  Ordinance, 
followed  by  notice  from  the  proper  municipal  authority  to 
2)roceed  thereunder  and  within  the  time  specified  in  said  no- 
tice; j)rovided  that  in  every  case  at  least  six  consumers  on  an 
average  of  every  300  feet  of  extension  so  made  necessary,  shall 
first  in  writing  agree  to  take  gas  from  said  Vicksburg  Gas  Co. 
for  a ]3eriod  of  not  less  than  one  year,  at  the  fixed  rate,  each 
tajD  for  iDublic  lighting  to  be  counted  as  one  customer. 

Sec.  5.  The  said  Vicksburg  Gas  Co.,  its  grantees,  succes- 
sors and  assigns  shall  at  all  times  supply  to  the  City  of  Vicks- 
burg, for  jDublic  use,  and  to  the  inhabitants  thereof  for  pri- 
vate use,  in  the  manner  most  approved  with  a sufficient  quan- 
tity of  gas  of  the  most  approved  quality  of  not  less  than  22 
candle  power  on  the  following  terms : 

For  illuminating  gas  $1.65  per  one  thousand  cubic  feet, 
and  for  fuel  gas  $1.65  per  one  thousand  cubic  feet.  But  any 
2)erson,  coiq>oration  or  individual  joaying  for  gas  consumed  by 
him  or  it  on  or  before  the  10th  day  of  the  next  succeeding 
month  shall  be  entitled  to  a discount  at  the  rate  of  fifteen  cents 
23er  one  thousand  cubic  feet.  The  prices  herein  fixed  for  illum- 
inating and  fuel  gas  shall  be  subject  to  revision  every  ten 
years  by  the  Mayor  and  Aldermen  of  the  City  of  Vicksburg, 
who  shall  then  fix  reasonable  rates  or  jirices. 

Sec.  6.  The  amount  of  gas  consumed  shall  be  ascertained 
by  meter  measure  the  usual  way.  Said  Vicksburg  Gas  Co.,  its 
grantees,  successors  and  assigns  shall  have  the  right  to  shut 
off  gas  from  any  consumer  who  may  be  in  arrears  for  a longer 
2)eriod  than  fifteen  days. 

Sec.  7.  All  j)rohibitions,  amendments,  forfeitures,  and  all 
other  provisions  of  this  ordinance  shall  be  binding  upon  the 
said  Vicksburg  Gas  Co.,  its  grantees,  successors  and  assigns 
whether  expressly  so  stated  herein  or  not,  and  all  grants  and 
IDrivileges  of  this  ordinance  to  said  Vicksburg  Gas  Co.  shall 
be  held  to  inure  to  the  benefit  of  its  legal  and  bona  fide  gran- 
tees, successors  and  assigns.  Nothing  in  this  ordinance  shall 
be  construed  as  granting  to  the  said  Vicksburg  Gas  Co.,  its 
grantees,  successors  and  assigns,  any  exclusive  franchise,  right 
or  j)rivilege  whatever. 

Ordained  this  15th  day  of  June  1903. 

Passed  over  Mayor’s  veto  June  19th  1903. 

O.  B.  pp.  403-4-5. 


117 


Acceptance  of  the  Vicksburg  Gas  Company. 

WHEREAS,  the  Mayor  and  Aldermen  of  the  City  of 
Vicksburg  did,  at  a regular  meeting  of  said  Mayor  and  Al- 
dermen of  said  City,  held  at  the  City  Hall  in  said  City  on 
Monday  night,  June  loth,  1903,  adopt  an  ordinance  entitled 
“An  ordinance  to  provide  for  lighting  the  City  of  Vicks- 
burg with  gas  whereby  it  granted  to  this  company  the  right 
for  the  period  of  fifty  years  from  the  approval  of  said  ordin- 
ance to  extend  and  operate  in  said  City  the  gas  works  hereto- 
fore constructed,  and  to  build  and  construct  new  gas  works, 
with  the  necessary  plant,  machinery  and  appliances,  etc.,  etc., 
and  whereby  the  said  Mayor  and  Aldermen  among  other 
things,  fixed  the  price  of  both  illuminating  gas  and  fuel  gas 
at  $1.65  per  one  thousand  cubic  feet  with  a discount  of  fif- 
teen cents  per  one  thousand  cubic  feet  where  the  bills  for  the 
same  were  paid  on  or  before  the  tenth  day  of  the  next  suc- 
ceeding month,  the  price  of  illuminating  and  fuel  gas  to  be 
subject  to  revision  every  ten  years  by  said  Mayor  and  Aider- 
men  of  the  City  of  Vicksburg  who  shall  then  fix  reasonable 
rates  and  prices,  and 

WHEREAS,  this  Company  is  satisfied  with  said  ordin- 
ance and  the  terms  and  conditions  therein  named,  and  upon 
which  the  same  was  granted,  now  therefore  be  it  RESOLVED, 

1.  That  the  said  Vicksburg  Gas  Co.  does  now  and  hereby 
formally  accept  said  ordinance,  together  with  all  the  terms 
and  conditions  therein  fixed  and  named,  and  hereby  agree’  and 
binds  itself  in  good  faith  to  abide  by  and  perform  all  the 
terms  and  conditions  named  in  said  ordinance. 

2.  That  the  Secretary  of  this  company  be  and  is  here- 
by directed  to  file  with  the  City  Clerk  of  the  City  of  Vicksburg 
a certified  copy  of  these  resolutions,  and  that  the  Mayor  and 
Aldermen  of  the  City  of  Vicksburg  be  and  they  are  hereby  re- 
quested to  have  the  same  spread  upon  its  minutes  and  re- 
corded along  with  the  ordinance  hereinbefore  referred  to  and 
which  is  hereby  adopted  and  accepted. 

3.  In  addition  to  the  terms  and  conditions  and  agree- 
ments named  in  said  ordinance  and  hereby  accepted,  the  Vicks- 
burg Gas  Co.  agrees  to  furnish  street  lamps  to  the  Mayor  and 
Aldermen  of  the  City  of  Vicksburg  when  ordered  by  the  said 
iVfayor  and  Aldermen  of  the  City  of  Vicksburg  at  a price  not 
to  exceed  $2.50  per  month,  said  lights  to  be  located  on  the 
regular  mains  of  the  Company. 

On  motion  the  meeting  adjourned. 


118 


STATE  OF  MISSISSIPTI,  WAEPvEX  COUNTY. 

I,  W.  Thos.  Kose,  the  Secretary  of  the  Vicksburg  Gas  Co.- 
do  hereby  certify  that  tlie  foregoing  preamble  and  resolu- 
tions is  a true  copy  of  the  preamble  and  resolutions  adopted 
by  the  Board  of  Directors  of  the  Vicksburg  Gas  Co.  at  a meet- 
ing of  said  Board  held  in  the  office  of  said  Company  in  the 
City  of  Vicksburg,  IVarren  County,  Mississippi,  on  June  22nd, 
1903,  and  that  said  resolutions  have  been  duly  spread  upon  the 
minutes  of  said  A^icksburg  Gas  Co. 

Witness  my  signature  this  23rd  day  of  June,  1903. 

AV.  THOS.  EOSE,  Secretary. 

Vicksburg,  Miss.,  Feb.  16th,  1905. 

The  Alayor  and  Board  of  Aldermen  City  of  Vicksburg. 

Dear  Sirs — AVe  have  accepted  the  interpretation  put  by 
you  on  sec.  3 of  the  acceptance  by  the  Vicksburg  Gas  Co.  of 
the  franchise  granted  them  June  19th,  1903  referring  to  the 
lighting  of  the  street  lamps.  Hereafter  the  thirty-seven  lamps 
now  lighted  by  us  will  be  lighted  every  night  and  remain 
lighted  all  night. 

AYry  truly  yours, 

THE  UNITED  GAS  IMPEOA^EAIENT  CO. 

George  B.  Bains,  3rd;  Ass’t.  Sup’t. 


Water  Works  Franchise. 

AN  ORDINANCE  granting  a franchise  for  the  construction  and  opera- 
• tion  of  a Water  Works  plant. 


Be  it  ordained  by  the  Mayor  and  Aldermen  of  the  City 
of  Vicksburg,  as  follows: 

Section  1.  The  Mayor  and  Aldermen  of  the  City  of 
A^icksburg  hereby  grant  to  A.  Eose,  John  B.  Brunini,  Pat- 
rick Henry,  AA^.  C.  Craig,  E.  J.  Bomer,  AI.  Dabney,  M.  J.  AIul- 
vihill,  AAA  H.  FitzHugh,  AI.  F.  Levy,  T.  A.  Helgason,  C.  J. 
Searles,  A.  AVarner,  E.  AI.  Kelly,  AV.  II.  Dupre,  AV.  E.  Luck- 
ett,  Sol  Fried,  jointly,  with  the  rights,  powers  and  privileges 
hereinafter  granted  to  them  (and  in  case  of  death  of  any,  to 
the  survivors)  their  associates,  successors  and  assigns,  the 
right  and  privilege  of  acquiring,  erecting,  constructing,  own- 
ing and  operating  a system  of  water  works  in  accordance  with 
the  terms  and  provisions  of  this  ordinance,  in  whole  or  in 


119 


part  in  the  City  of  Vicksburo-,  and  snch  territory  as  may  here- 
after be  acquired  by  and  become  a part  of  said  city,  and  of 
using  the  streets,  alleys,  squares,  and  all  other  public  places 
or  property  within  the  corporate  limits  of  said  City  of  Vicks- 
burg as  they  now  exist  or  may  hereafter  be  extended,  changed, 
opened  or  adopted,  and  within  such  other  territory  as  may 
become  hereafter  a part  of  or  within  the  jurisdiction  of  said 
city,  for  the  purpose  of  laying  jhpes  and  mains  and  other  con- 
duits and  connections  therewith,  and  erecting  hydrants  and 
fountains  and  other  apparatus  for  conducting  and  furnishing 
water  to  their  patrons  and  consumers  thereof  in  said  city,  the 
said  water  to  be  good,  wholesome  and  clear,  the  same  to  be 
furnished  to  the  inhabitants  of  said  city,  corporations  and 
others,  for  private  use  and  for  manufacturing  purposes;  and 
they  shall  have  the  privilege  of  making  repairs  and  exten- 
sions and  additions  to  said  system  from  time  to  time  during 
the  period  this  ordinance  shall  be  in  force. 

Section  2.  The  right  and  privilege  herein  granted  to  the 
said  grantees,  for  themselves,  their  associates,  successors  and 
assigns,  is  for  the  period  of  forty  years  from  the  time  when 
the  said  grantees,  their  associates,  successors  or  assigns  shall 
begin  to  furnish  water  to  their  q^atrons. 

Section  3.  The  said  grantees,  their  associates,  successors 
and  assigns,  shall  exercise  the  greatest  care  and  diligence  in 
the  use  of  said  streets,  alleys,  squares  and  other  public  places, 
and  shall  cause  no  unnecessary  obstruction  of  or  interruption 
to  the  public  travel  over  and  upon  the  same,  and  shall  take 
every  precaution  to  provide  against  damage  to  property,  life 
or  limb  by  reason  of  the  exercise  of  the  rights  and  |:)rivileges 
hereby  granted,  and  shall  cause  all  excavations  and  obstruc- 
tions to  be  properly  lighted  and  guarded  at  night,  and  after 
the  completion  of  the  purpose  for  which  such  streets,  alleys, 
public  squares  and  other  public  places  inay  be  used,  they  shall 
l)e  restored  to  their  former  condition  as  near  as  may  l)e  pos- 
sible without  unnecessary  delay;  and  they  shall  at  their  own 
cost  and  expense,  relay  their  mains  and  pipes  when  madenec- 
essary  by  a change  of  grade  in  any  street  ordered  by  the  May- 
or and  Aldermen  of  the  City  of  Vicksburg.  On  failure  to 
restore  said  streets,  alleys,  public  squares  and  other  ])laces  as 
aforesaid,  the  Mayor  and  Aldermen  of  the  City  of  Vicksburg 
ma}",  upon  reasonable  notice  to  it  by  any  city  ofhcer,  cause  the 
same  to  be  restored  and  recover  the  cost  and  expense  thereof 
from  the  said  grantees,  their  associates,  successors  and  assigns, 
in  any  court  having  jurisdiction  of  the  amount.  The  said 


120 


grantees,  their  associates,  successors  and  assigns,  agree  to 
hold  the  Mayor  and  Aldermen  of  said  City  harmless  from 
any  liability  which  may  result  to  said  Mayor  and  Aider- 
men  of  said  City  of  Vicksburg  by  reason  of  any  violation  of 
this  section. 

Section  4.  Mains — The  mains  and  pipes  to  be  used  in  said 
system  of  water  works  shall  he  of  good  and  substantial  quality 
of  material,  and  shall  be  sufficient  in  dimensions  and  strength 
to  convey  all  water  which  may  be  required  by  the  patrons  for 
all  purposes  for*  which  they  may  require  water.  And  the 
water  works  plant  herein  contemplated  shall  have  and  sup- 
j^ly  ample  pressure  for  the  purpose  of  extinguishing  fires  of 
the  patrons  of  the  Company.  Said  pipes  shall  be  coated  with 
such  protective  varnish  or  other  material  as  may  be  directed 
by  the  Mayor  and  Aldermen  of  the  City  of  Vicksburg  to  se- 
cure the  same  against  corrosion  or  other  disintegrating  forces, 
and  said  pipes  shall  be  laid  along  the  streets  in  such  man- 
ner and  at  such  places  as  may  be  designated  by  the  Mayor  and 
Aldermen  of  said  City.  No  fire  hydrants  or  public  fountains 
are  required  to  be  placed  by  the  said  grantees,  their  asso- 
ciates, successors  or  assigns;  but  should  they  desire  to  place 
any  in  said  city  the  same  shall  be  along  the  line  of  mains  and 
at  such  points  as  may  be  designated  by  the  Mayor  and  Aider- 
men  of  the  City  of  Vicksburg,  and  such  fire  hydrants,  if  placed, 
shall  be  double  nuzzled,  and  of  such  dimensions  as  the  Mayor 
and  Aldermen  of  said  city  may  designate  before  the  construc- 
tion of  said  water  plant,  and  so  fitted  as  to  connect  the  hose 
couplings  which  may  be  in  use  in  said  City  of  Vicksburg. 

Gates  and  Valves. — All  the  necessary  gates  and  valves 
shall  be  }:)rovided  and  located  by  said  Company  at  such  points 
on  its  lines  of  mains  as  will  enable  certain  districts  to  be  cut 
off  and  isolated  when  repairs  are  needed,  without  depriving 
other  districts  of  their  full  supply  of  water. 

Pumps.  The  pumping  plant  shall  consist  of  not  less  than 
two  pumping  engines,  capable  of  pumping  not  less  than  two 
and  a half  million  gallons  each  of  water  per  day  of  twenty- 
four  hours  against  the  pressure  needed  to  supply  all  parts  of 
the  pipe  system  with  an  abundant  supply  of  water.  They 
shall  be  so  arranged  as  to  be  susceptible  of  operation  separate- 
ly or  together. 

Boilers. — There  shall  be  not  less  than  two  boilers  of  am- 
ple capacity  to  operate  two  pumping  engines,  and  shall  be  so 
arranged  as  to  be  susceptible  of  operation  separately  or  to- 
gether, as  may  be  required.  ■ 


121 


Source  of  Pressure. — Water  may  be  supplied  and  pressure 
preserved  either  by  the  stand-pipe  system  or  by  any  other 
etficient  s^^stem  of  maiiitainino-  a constant  supply  of  water  and 
sufficient  pressure  for  the  purpose  of  exting'nishing  fires  and 
having  a free  and  steady  flow  of  water  for  other  uses.  Should 
a stand-pipe  be  used  the  same  shall  be  of  sufficient  height  and 
capacity  to  insure  an  ample  supply  of  water  at  all  times  and 
ample  pressure  for  fire  purposes. 

Source  of  Supply. — Water  may  be  taken  for  the  purposes 
of  supply  from  the  Yazoo  Iliver  or  the  Mississippi  Kiver, 
where  it  shall  be  free  from  sewerage  contamination,  or  from 
Lake  Centennial,  or  from  wells,  or  other  suitable  source  of 
supply.  It  shall  be  good,  wholesome  and  clear  water,  fit  for  a^^ 
domestic  and  manufacturing  purposes. 

Section  5.  The  rates  and  charges  for  water  to  be  fur- 
nished to  the  consumers  thereof  in  the  City  of  Vicksburg  and 
contiguous  territory  shall  be  fair,  just  and  reasonable,  and 
such  rates  and  charges  shall  be  subject  to  be  regulated  by  the 
said  Mayor  and  Aldermen,  and  reasonable  rates  and  charges 
may  be  fixed  by  them,  under  the  laws  of  the  State,  and  in  ac- 
cordance therewith ; and  the  rules  and  regulations  under  which 
said  water  shall  be  supplied  and  the  rates  and  charges  there- 
for collected,  shall  be  fair,  just  and  reasonable,  and  such  rules 
and  regulations  shall  also  be  subject  to  regulation  by  the  May- 
or and  Aldermen  of  the  City  of  Vicksburg. 

Section  6.  That  the  said  grantees  or  the  survivors,  their 
associates,  successors  and  assigns,  may  procure  the  organiza- 
tion of  a water  works  corporation  under  the  laws  of  Missis- 
sippi, and  may  assign  to  it  all  the  rights  and  privileges  ac- 
quired hereunder,  and  their  assigns,  or  any  subsequent  assigns, 
may  assign  such  rights  and  privileges  to  other  assignees.  Ih-o- 
vided  that  such  assigns  or  persons  claiming  the  rights  and 
privileges  hereby  granted  shall  file  with  the  Clerk  of  the  City 
an  acceptance  of  such  assignment,  and  promise  in  writing  to 
faithfully  perform  all  of  the  duties  and  obligations  ini[)os- 
ed  upon  the  said  grantees,  their  associates,  successors  and  as- 
signs by  this  ordinance. 

Section  7.  Within  sixty  days  after  tliis  ordinance  shall  ' 
be  approved  and  go  into  effect  the  said  grantees,  tlieir  asso- 
ciates, successors  and  assigns,  shall  file  with  tlie  Mayor  and 
Aldermen  of  the  City  of  Vicksburg  a written  acceptamje  tliere- 
of,  agreeing  and  obligating  themselves  to  })roceed  in  good 
faith  with  the  erection  and  ])utting  in  operation  of  tlie  water 
works  plant  herein  provided  for,  as  soon  thereafter  as  prac- 


122 


ticable,  and  on  failure  to  do  so  the  said  Ma^^or  and  Aldermen 
shall  have  the  option  and  privilege  of  repealing  and  revok- 
ing this  ordinance  and  the  franchise  herein  granted. 

Section  8.  The  said  Mayor  and  Aldermen  of  the  City  of 
Vicksburg  will  from  time  to  time  pass  and  enact  ordinances 
under  suitable  penalties,  providing  for  the  protection  of  the 
property  and  business  of  said  works  from  damage,  fraud  or 
imposition. 

Section  9.  The  said  grantees,  their  associates,  successors 
and  assigns,  shall  make  extensions  to  their  line  of  mains  when- 
ever called  upon  so  to  do  by  the  Mayor  and  Aldermen  of  the 
City  of  Vicksburg  to  meet  requirements  of  consumers  not 
otherwise  supplied.  Provided,  that  two-thirds  of  the  resi- 
dents on  the  line  of  such  extension  shall  agree  to  take  water 
at  the  established  rates  for  a period  of  at  least  two  years,  but 
the  said  grantee‘s,  their  associates,  successors  and  assigns,  may 
voluntarily  make  such  extensions  from  time  to  time  as  they 
may  deem  necessary. 

Section  10.  Nothing  herein  contained  shall  be  so  con- 
strued as  to  prevent  the  said  grantees,  their  associates,  succes- 
sors and  assigns,  from  temporarily  shutting  off  the  water  from 
said  Tvater  system  or  any  portion  thereof  for  the  purpose  of 
making  repairs  or  extensions  to  the  same,  and  no  liability  shall 
attach  for  the  suspension  of  the  supply  of  Avater  thereby 
caused  provided  repairs  or  extensions  are  made  and  the  water 
turned  on  again  Avithout  unnecessary  delay. 

Section  11.  The  said  grantees,  their  associates,  succes- 
sors and  assigns,  shall  have  the  right  to  make  all  needful  rules 
and  regulations  governing  the  consumption  of  Avater,  the  tap- 
ping of  pipes  and  the  general  operation  of  the  works,  and  to 
make  such  rates  and  charges  for  the  use  of  said  water  as  they 
may  determine,  subject,  lioAveA^er,  to  the  other  provisions  of 
this  ordinance. 

Section  12.  No  agreement  whatever  is  made  by  the  May- 
or and  Aldermen  of  the  City  of  Vicksburg  in  granting  this 
franchise,  to  take  and  use  Avater  from  the  grantees  herein,  their 
associates,  successors  or  assigns,  for  themselves  or  the  public 
generally  of  said  city,  for  any  purpose,  and  they  are  not  to  be 
the  beneficiaries  in  any  respect  of  the  franchise  hereby  granted. 

Section  13.  Be  it  further  ordained  that  this  ordinance 
shall  take  effect  from  and  after  its  approval  by  the  Mayor. 

Ordained  this  the  8th  day  of  October,  1906. 

ApproA^ed  this  9th  day  of  October,  1906. 

0 B.  p.  — . 


123 


Electric  Light  and  Power  Franchise. 

AN  ORDINANCE  to  grant  Harry  K.  Johnson,  his  associates  and  assigns, 
the  privilege  of  furnishing  to  the  City  of  Vicksburg  and  its  inhab- 
itants, electricity  for  lighting  and  power  purposes,  and  of  using  the 
streets  and  alleys  of  the  said  City  for  that  purpose. 


Section  1.  Be  it  ordained  by  the  Mayor  and  Aldermen  of 
the  City  of  Vicksburg  that  Harry  K.  Johnson,  his  associates, 
and  successors  be  and  they  are  hereby  granted  the  right  and 
privilege  for  the  period  of  forty  years  of  using  the  streets  and 
alleys  of  the  City  of  Vicksburg,  for  the  erection  of  poles  and 
stringing  of  wires  thereon,  and  the  laying  of  conduits  and  the 
placing  of  wires  therein,  for  the  purpose  of  supplying  to  the 
City  of  Vicksburg,  and  the  inhabitants  thereof,  electricity  for 
lighting  and  other  purposes.  The  City  of  Vicksburg  shall 
have  the  right  to  use  any  or  all  of  said  poles  for  the  wires  of 
its  fire  alarm  system. 

Section  2.  The  Mayor  and  Aldermen  of  the  City  of  Vicks- 
burg shall  have  the  right  from  time  to  time  to  fix  and  pre- 
scribe reasonable  maximum  rates  or  prices  to  be  charged  for 
such  electricity,  as  may  be  supplied  either  to  the  City  of 
Vicksburg  or  its  inhabitants. 

Section  3.  The  poles  and  wires  shall  be  erected  and  main- 
tained in  accordance  with  the  provisions  and  specifications  of 
the  ordinance  of  March  3rd,  1897,  governing  the  subject;  pro- 
vided that  the  Mayor  and  Aldermen  of  the  City  of  Vicksburg 
shall  have  the  right  at  any  time  of  requiring  any  of  the  said 
wires  to  be  laid  in  underground  conduits,  on  any  street  which 
the  city  may  decide  to  pave. 

Section  4.  The  rights  and  priviliges  hereby  granted  shall 
not  be  assigned  to  any  other  person,  firm  or  cor])oration  with- 
out the  consent  of  the  Mayor  and  Aldermen  of  the  City  of 
Vicksburg. 


Section  5.  The  City  of  Vicksburg  shall  not  be  liable  for 
any  damages  which  may  be  sustained  by  any  person,  firm  or 
corporation  by  reason  of  the  exercise  of  the  rights  and  priv- 
ileges hereby  granted. 

Section  6.  This  ordinance  shall  be  null  and  void  unless 
work  shall  be  commenced  upon  the  erection  of  a power  plant 


124 


for  the  iDurpose  of  furnishing  electricity  within  six  months, 
and  it  be  completed  within  eighteen  months  from  the  date  of 
its  passage. 

Ordained  this  15th  day  of  October  1906. 

A.pi:>royed  this  16th  "day  of  October  1906. 

I have  examined  this  Ordinance  and  find  it  perfectly  legal. 


Sheds  and  Galleries  Ordinance. 

AN  ORDINANCE  to  prohibit  the  erection  of  Sheds,  Galleries,  etc.,  over 
the  sidewalks  on  Washington  street,  and  to  require  the  removal  of 
those  already  existing. 


Section  1.  Be  it  ordained  by  the  Mayor  and  Aldermen 
of  the  City  of  Vicksburg  that  hereafter  it  shall  be  unlawful 
for  any  owner,  tenant  or  occupant  of  any  house,  or  lot,  or  jDart 
of  a house  or  lot,  fronting  or  abutting  on  Washington  street  in 
the  City  of  Vicksburg,  between  Bridge  street  [amended  by  or- 
dinance of  Dec.  18,  1906,  so  as  to  read  South  Madison  street] 
on  the  south  and  Glass  Bajmu  bridge  on  the  north,  to  build, 
erect  or  construct,  or  cause  to  be  erected,  built  or  constructed, 
in  front  of  said  house  or  lot  or  part  of  house  or  lot,  any 
shed,  porch,  gallery,  balcony  or  other  structure  which  shall 
extend  over  or  across  any  sidewalk  or  part  of  a sidewalk  on 
said  Washington  street  between  the  points  hereinbefore 
named. 

Section  2.  Be  it  further  ordained  that  all  sheds,  porches, 
galleries,  balconies  or  other  structures  now  existing  and  ex- 
tending over  and  across  any  sidewalk  or  part  of  a sidewalk 
between  the  points  named  in  sections  1 and  2 of  this  ordinance, 
are  declared  to  be  dangerous  to  the  public,  to  interfere  with 
the  extinguishment  of  fires,  to  be  obstructions  to  the  free  use 
of  said  street  and  said  side-walk  and  to  be  nuisances;  and  the 
owner  of  any  house,  or  part  of  a house,  or  any  lot  or  part  of  a 
lot,  fronting  or  abutting  on  Washington  street  between  the 
points  named,  to  which  sheds,  porches,  galleries,  balconies  or 
other  structures  are  at  present  attached,  and  which  extend 
over  and  across  or  over-hang  any  sidewalk  or  part  of  a side- 


walk,  oil  Washington  Street  between  tlie  points  named,  is 
ordered  and  required  to  tear  down  and  reiiiiove  the  same 
within  ninety  days  from  the  passage  of  this  ordinance,  and 
every  week’s  failure  to  tear  down  and  remove  tlie  same  after 
the  expiration  ot  that  time  shall  constitute  a separate  oftense 
and  be  punished  accordingly. 

Section  3.  Be  it  further  ordained  that  Sections  1 and  2 
of  this  ordinance  shall  not  apply  to  awnings  made  of  cloth, 
canvass  or  other  like  material,  and  Avhich  are  so  constructed  as 
to  be  raised  and  lowered  at  will  by  the  owners  thereof,  and 
which  when  lowered  are  not  less  than  seven  feet  above  the 
sidwalk. 

Sction  4.  Be  it  further  ordained  that  all  persons  violating 
Sections  1 and  2 of  this  ordinance  shall  be  deemed  guilty  of  a 
misdemeanor,  and  shall  upon  conviction  be  fined  in  a sum  not 
exceeding  ^100. 00  or  imprisoned  not  exceeding  thirty  days 
or  both. 

Section  5.  Be  it  further  ordained  that  this  ordinance  shall 
take  effect  and  be  in  force  from  and  after  its  passage. 

Ordained  this  21st  day  of  May  190G. 

ApjDroved  this  22nd  day  of  May  1906. 


Telephone,  Telegraph  and  Electric  Wire  Ordinance. 

AN  ORDINANCE  to  provide  for  the  removal  of  all  telephone,  telegraph 
and  electric  wires  from  Washington  Street  and  the  sidewalks  there- 
of, between  Glass  Bayou  on  the  north  and  Harris  street  on  the 
south,  and  the  placing  of  the  same  underground,  and  for  other  pur- 
poses. 


Section  1.  Be  it  ordained  by  the  ^layor  and  Aldermen  of 
the  City  of  Vicksburg  that  all  telephone,  telegraph  and  elec- 
tric companies,  or  corporations,  or  any  other  person  or  persons, 
individual  or  corporations  having,  maintaining  or  using  any 
pole  or  poles  for  telegraph,  tele])hone  or  electric  purj)oses,  or 
for  the  purpose  of  stringing  thereon  wires,  cables  or  conveyors 
for  the  transmission  of  sound,  or  signal,  or  heat,  light  or  power, 
on  Washington  Street  and  on  the  side-walks  thereof,  in  Vicks- 
burg, Mississippi,  between  Glass  Bayou  on  the  north  and  liar- 


126 


ris  Street  on  the  south,  shall  take  down  and  remove  all  such 
poles  and  wires  from  said  street  and  said  sidewalks  between 
the  points  named,  before  the  first  day  of  September  1906,  and 
jDlace  such  wires  imdergTound  on  said  street  in  a proper  man 
ner  to  be  approved  by  the  City  Engineer  of  the  City  of  Vicks- 
burg or  such  other  person  as  the  City  may  in  the  meantime 
a|)point  to  supervise  such  removal  and  such  placing.'  Provided, 
however,  that  nothing  in  this  ordinance  shall  apply  to  any  pole 
or  poles  used  solely  for  the  carrying  and  supporting  of  its  over- 
head contact  trolley  wires  of  any  street  railway  company  under 
the  authority  of  any  ordinance  of  the  City. 

Section  2.  Be  it  further  ordained  that  from  and  after  the 
1st  day  of  September,  1906,  it  shall  be  unlawful  for  any  tele- 
phone, telegraph  or  electric  light  company,  or  any  other  per- 
son, corporation  or  individual  to  erect,  or  to  keep,  maintain  or 
use  any  pole  or  poles  on  Washington  street  or  on  the  side- walks 
thereof  between  the  points  named  in  the  first  section  of  this  or- 
dinance for  telegraph  or  electric  light  purposes,  or  for  the  pur- 
pose of  stringing  thereon  wires,  cables  or  conveyors  for  the 
transmission  of  sound  or  signal  or  of  heat,  light  or  power. 

Section  3.  Be  it  further  ordained  that  any  person,  corpo- 
ration or  individual  failing  or  refusing  to  comply  with  the 
first  Section  of  this  ordinance  wdthin  the  time  named  therein 
shall  upon  convction  be  fined  in  the  sum  of  $100,  and  every 
day’s  failure  and  refusal  to  comply  with  the  same  after  the 
first  day  of  September,  1906,  shall  be  considered  a separate  and 
distinct  offense,  and  the  offender  may  he  proceeded  against 
accordingly.  Any  person  convicted  of  violating  the  second 
section  of  this  ordinance  shall  upon  conviction  be  fined  in  the 
sum  of  $100.00. 

Section  4.  Be  it  further  ordained  that  if  the  offender 
against  Sections  1 and  2 of  this  ordinance  be  a corporation, 
then  such  corporation  shall  be  proceeded  against  as  pro- 
vided for  by  Section  1367  of  the  Revised  Code  of  1892  of  the 
State  of  Mississippi,  which  section  is  hereby  adopted  and 
made  a part  of  this  ordinance,  except  that  the  charge  against 
such  a corporation  shall  be  made  by  affidavit  instead  of  by 
indictment,  and  the  City  Marshal  of  the  City  of  Vicksburg 
shall  execute  the  process  in  said  cause  instead  of  the  Sheriff 
of  Warren  County,  Mississippi. 

Section  5.  Be  it  further  ordained  that  if  any  telephone, 
telegraph  and  electric  light  company,  or  other  person  or  corpo- 
ration shall  fail  to  comply  with  Sections  1 and  2 of  this  ordi- 


nance,  or  shall  violate  the  same,  in  addition  to  the  fine  herein- 
before imposed,  the  City  ^Marshal  shall  be  and  he  is  hereby  au- 
thorized and  empoAvered,  iii)on  an  order  of  the  Board  of  Mayor 
and  Aldermen,  to  remoA’e  said  ]x)les  and  Avires  at  the  expense  of 
the  person,  corporation  or  individual  havino-,  using  or  main- 
taining the  same  in  violation  of  this  ordinance. 

SectiO’n  6.  Be  it  further  ordained  that  this  ordinance  shall 
take  effect  and  be  in  force  from  and  after  its  passage. 

Ordained  this  2nd  day  of  July,  190G. 

ApproA'ed  this  3rd  day  of  July,  lOOG. 


Gas,  Water  and  Sewage  Mains  and  Pipes  Ordinance. 

AN  ORDINANCE  to  regulate  the  laying  of  Water  Mains  and  Service 
Pipes  for  Water,  Gas  and  Sewage,  under  and  along  the  streets  and 
alleys  of  the  City  of  Vicksburg. 


Section  1.  Be  it  ordained  by  the  Mayor  and  Aldermen 
of  the  City  of  Vicksburg  that  all  Water,  Gas  and  SeAvage 
mains  hereafter  laid,  or  to  be  laid,  under  and  along  any  of  the 
streets  and  alleys  of  the  City  of  Vicksburg  shall  be  placed  at 
a depth  under  the  established  grade  of  such  streets  and  alleys 
of  not  less  than  three  feet. 

Section  2.  That  all  service  or  Avaste  pij)es  for  conveying 
Avater,  gas  or  seAverage  from  or  to  the  mains  or  j)ipes  under 
any  of  the  streets  or  alleys  of  the  said  City,  to  or  from  the  ])rem- 
ises  of  any  person,  shall  be  laid  at  a depth  of  not  less  than  tAvo 
and  one-half  ( 2 1-2)  feet  at  the  curb  line  of  such  street  or  alley 
Avhere  such  pipes  are  placed.  That  AAdiere  any  such  service  or 
Avaste  pipes  as  are  noAV  laid  under  and  along  any  of  the  streets 
or  alleys  of  the  City,  are  at  a depth  less  than  tAvo  and  one-half 
(2  1-2)  feet  l)eloAv  such  curb  line,  the  owner  of  the  ])roj)erty 
which  is  served  by  or  connected  Avith  any  such  ])ipes  is  hereby 
required  Avithin  fiA'e  days  after  notice  to  that  effect  published  in 
one  of  the  daily  neAvspapers  of  the  City  of  Vicksburg,  to  re- 
moA^e  such  pipes  entirely,  or  to  loAver  the  same  to  a depth  of 
not  less  than  tAVO  and  one-half  (2  1-2)  feet  at  such  curb  line. 


128 


Section  3.  That  the  City  Engineer  be,  and  is  hereby  re- 
quired to  inspect  the  laying  of  any  such  service  or  waste  pipes 
as  mentioned  in  Section  2 of  this  oraiiiance,  and  to  see  that 
they  are  laid  at  the  depth  and  in  the  manner  reqnired  herein, 
and  to  immediately  report  to  the  Mayor  and  Aldermen  of  the 
City  of  Vicksburg  any  violations  of  said  requirements. 

Section  4.  That  any  person  who  shall  violate  any  of  the 
provisions  of  this  ordinance,  shall  be  deemed  guilty  of  a mis- 
demeanor, and  shall,  upon  conviction,  be  fined  in  a sum  not  ex  - 
ceeding Fifty  dollars,  or  imprisoned  not  exceeding  thirty  days, 
or  both;  and  in  addition  to  such  fine  and  imprisonment,  all 
work  done  in  violation  of  this  Ordinance,  may  be  removed  un- 
der the  direction  of  the  Mayor  and  Aldermen  of  the  City  of 
Vicksburg,  or  may  be  done  according  to  the  requirements  of 
this  ordinance,  and  the  cost  of  such  work,  together  with  twen- 
ty-five per  cent  damages  added  thereto,  shall  be  assessed  and 
levied  as  a tax  against  the  property  for  whose  benfit  said  work 
was  done,  or  in  connection  with  which  said  pipes  were  laid,  the 
same  to  be  collected  in  the  same  way  and  with  the  same  reme- 
dies as  any  other  tax  against  said  property  may  be  collected. 

Section  5.  That  this  ordinance  take  effect  and  be  in  force 
from  and  after  its  passage. 

Ordained  this  10th  day  of  October,  1906. 

Approved  this  11th  day  of  October,  1906. 


CRIMINAL  ORDINANCES. 


i 


9- City 


131 


Criminal  Ordinances. 


AN  ORDINANCE  entitled  an  Ordinance  to  define  and  punish  certain 
offenses  against  the  Mayor  and  Aldermen  of  the  City  of  Vicksburg, 
and  to  provide  for  the  health,  peace,  security  and  good  governnient, 
and  the  general  welfare  of  the  inhabitants  thereof. 


Be  it  ordained  by  the  Maj^or  and  Aldermen  of  the 
City  of  Vicksburg  as  follows,  to-wit : 

1.  Advertisement;  penalty  for  pulling  down. 

(1034)  If  any  person  shall  pull  down  any  advertisement 
authorized  by  law,  he  shall,  on  conviction,  be  lined  not  more 
than  ten  dollars. 

2.  Advertisement;  tacking  on  telephone  or  telegraph  poles. 

If  any  person  shall  tack,  nail,  paste  or  post,  or  in  an}^  man- 
ner attach  any  advertisement  or  sign,  bill  or  dodger,  of  cloth, 
paper,  tin,  metal  or  any  material  whatever,  to  or  upon  any  tele- 
phone, telegraph,  or  electric  light  post  or  pole  in  this  city,  he 
shall  on  conviction  be  lined  not  more  than  ten  dollars  for  each 
offense. 

3.  Adulterated  Food;  penalty  for  selling. 

A person  who  sells  or  manufactures,  exposes,  or  offers  for 
sale  as  an  article  of  food,  any  oleomargerine  or  other  sub- 
stance in  imitation  of  any  article  of  food,  without  disclosing 
the  imitation  b}^  a suitable  or  plainly  visible  mark  or  brand, 
indicating  and  naming  what  the  substance  really  is,  shall  be 
guilty  of  a misdemeanor,  and  shall  upon  conviction  be  lined 
not  more  than  one  hundred  dollars. 

4.  Assault  and  Battery;  penalty. 

Any  person  who  shall  assault  or  beat  another,  or  lay  vio- 
lent hands  upon,  or  strike  another,  shall  ii]K)n  conviction  l)e 
fined  not  more  than  one  hundred  dollars,  or  imprisoned  not 
more  than  one  month,  or  both. 


132 


5.  Attempts,  Offense  Incomplete;  penalty. 

( 1049  ) Any  person  who  shall  design  and  endeavor 

to  commit  an  offense,  punishable  by  any  ordinance  of  this  city, 
and  shall  do  any  overt  act  towards  the  commission  thereof,  but 
shall  fail  therein,  or  shall  be  prevented  from  committing  the 
same,  on  conviction  thereof  shall  in  the  discretion  of  the  court 
be  punished  by  fine  and  imprisonment  not  exceeding  that  pro- 
vided for  the  completed  offense. 

There  must  be  an  intent  to  commit  a crime  and  an  act  done  toward 
its  consummation.  So  long  the  act  rests  in  bare  intention  it  is  not  pun- 
ishable. Cunningham  v.  State,  49  Miss.,  685.  See  also  Osborn  v.  State,  64 
Miss.,  318. 

6.  Animals,  Cruelty  to ; cock  fighting,  etc. 

(1093  ) If  any  person  shall  keep  or  use,  or  be  in 

any  Avay  interested  in  the  management  of,  or  shall  receive 
money  for  the  admission  of  any  person  to,  any  place  kept  or 
used  for  the  purpose  of  fighting  any  bear,  dog,  cock  or  other 
creature,  or  of  tormenting  or  torturing  the  same,  and  if  any 
person  shall  encourage,  aid  or  assist  therein,  or  shall 
permit  or  suffer  any  place  to  be  so  kept  or  used,  he  shall  upon 
conviction  be  fined  not  exceeding  one  hundred  dollars,  or  be 
imprisoned  not  exceding  one  month,  or  both. 

7.  Animals,  Cruelty  to;  not  to  be  carried  in  inhum.an  manner. 

(1905)  If  any  person  shall  carry  or  cause  to  be  carried 
by  hand  or,  in  or  upon  any  vehicle  or  other  conveyance, 
any  creature  in  a cruel  or  inhuman  manner,  li3  shall  upon  con- 
viction be  fined  not  more  than  one  hundred  dollars. 

8.  Animals,  Glandered;  to  be  killed. 

(1096)  If  any  person  being  the  owner  or  having  the 
charge  of  any  animal  diseased  Avith  the  glanders  or  farcy,  shall 
not  depriA^e  the  animal  of  life,  he  shall  upon  conviction  be  fined 
not  more  than  one  hundred  dollars. 

9.  Animals,  Glanders,  Farcy;  not  exposed  for  sale. 

(1087  ) If  any  person  shall  knowingly  sell,  or  of- 

fer for  sale,  or  use  or  expose,  or  shall  cause  or  procure  to  be 
sold  or  offered  for  sale,  or  used  or  exposed,  or  if  any  person 
being  the  oAvner  or  person  in  charge  thereof,  shall  fail  to  report 
to  the  Chief  of  Police  any  horse  or  other  animal  having  the 
disease  knoAvn  as  glanders  or  farcy,  or  any  other  like  conta- 
gious or  infectious  disease,  he  shall  on  conAuction  be  fined  not 
more  than  one  hundred  dollars. 


133 


10.  Animals,  Malicious  Mischief;  penalty. 

(1099)  If  any  person  shall  maliciously,  either  out 
of  a spirit  of  revenge  or  wanton  cruelty,  or  shall  mis- 
chievoush^  kill,  maim,  or  wound  or  injure  any  horse,  mare, 
gelding,  mule,  sheep,  cattle,  hog,  dog,  poultry,  or  other  live- 
stock, or  cause  any  person  to  do  the  same,  he  shall  upon  convic- 
tion be  fined  not  more  than  one  hundred  dollars,  or  be  im- 
prisoned not  more  than  one  month,  or  both. 

The  section  defines  two  distinct  attributes  of  malicious  injury,  within 
one  or  the  other  of  which  the  facts  must  bring  a case  to  warrant  convic- 
tion: (1)  that  the  injury  was  done  “maliciously;  either  out  of  a spirit  of 
revenge  or  wanton  cruelty;^’  or  (2)  that  it  was  done  “mischievously.” 
Duncan  v.  State,  49  Miss.,  331. 

And  the  affidavit  or  indictment  must  aver  one  or  the  other.  Thompson 
V,  State,  51  Miss.,  353. 

But  an  indictment  wffiich  avers  that  the  offense  was  “maliciously” 
done,  without  adding  the  words  “out  of  a spirit  of  revenge  or  wanton 
cruelty,”  is  good.  Eembert  v.  State,  56  Miss.,  280. 

Guilt  is  determinable  by  the  intent  and  purpose  which  prompts  the 
act.  Stephens  v.  State,  65  Miss.,  329. 

11.  Animals,  Cruelty  to;  general  provisions. 

(1091  ) If  any  person  shall  over  drive,  over-load, 

over-ride,  torture,  torment,  unjustifiably  injure,  deprive  of 
necessary  sustenance,  food  or  drink;  or  cruelly  beat,  or  need- 
lessly mutilate,  or  kill  any  living  creature ; or  cause  or  procure 
any  of  the  foregoing  acts  or  omissions,  he  shall  on  conviction 
be  fined  not  more  than  one  hundred  dollars,  or  imprisoned  not 
more  than  one  month,  or  both. 

One  merely  riding  with  and  paying  a fare  to  another,  who  hired  a 
team,  cannot  be  convicted  of  cruelty  to  the  team,  in  over-loading  and  over- 
driving. Atkins  V.  State,  (32  So.  921.) 

12.  Animals;  certain  not  to  be  kept  in  public  view. 

(1296)  If  any  person  shall  keep  a stallion,  bull,  or 
jack  in  view  of  the  public  streets  of  this  city,  or  shall  stand 
such  animal  in  open  view  of  any  public  place,  or  shall  negli- 
gently keep  such  animal  or  suffer  it  to  run  at  large,  he  shall 
upon  conviction  be  fined  not  exceeding  fifty  dollars. 

13.  Animals;  certain  not  to  run  at  large. 

It  shall  be  unlawful  for  any  horse,  mule,  jack,  cow,  bull, 
yearling,  goat,  sheep  or  hog,  or  cattle  or  any  kind  of  stock  to 
run  at  large  in  and  upon  the  streets,  alleys  or  commons  of  said 
City  of  Vicksburg. 

14.  the  same;  to  be  impounded. 

It  shall  be  the  duty  of  the  City  Marshal,  and  the  police  of 


134 


said  city,  and  of  such  other  person  or  persons  as  shall  be  desig- 
nated by  the  Mayor  and  Aldermen  to  arrest  take  up  confine 
and  put  in  pound  any  such  of  the  foregoing  animals  as  shall 
be  found  running  at  large  within  the  city  limits  as  aforesaid. 

15.  the  same;  pound  provided. 

A suitable  place  or  pound  shall  be  provided  for  the  safe- 
keeping of  the  animals  so  taken  up,  and  said  pound  shall  be 
kept  up  and  maintained  at  the  expense  of  the  city. 

16.  the  same;  penalties. 

Any  owner  or  persons  having  in  charge  any  such  animals 
as  are  named  in  section  thirteen  hereof,  who  shall  permit  or 
suffer  any  such  animal  to  so  run  at  large  shall  be  guilty  of  a 
violation  of  this  ordinance,  and  subject  to  a fine  of  not  more 
than  five  dollars,  and  shall  pay  the  cost  of  keeping  and  con- 
fining said  animal  while  in  pound. 

17.  the  same;  unclaimed  animals,  how  sold. 

If  within  three  days  from  the  day  an  animal  is  put  into 
the  pound  the  owner  or  person  in  charge  thereof  calls  for  the 
same,  such  animal  shall  be  delivered  to  him  upon  the  payment 
of  one  dollar,  for  taking  up,  and  50  cents  per  day  for  main- 
tenance, for  each  head  of  goats,  swine,  sheep,  horses,  mules, 
cattle,  donkeys  or  cows.  If  no  one  claims  the  same  within  the 
period  of  three  days  the  Chief  of  Police  shall  cause  a notice  to 
be  inserted  in  some  newspaper  published  in  the  city  for  five 
successive  days,  briefly  describing  the  animal,  and  giving  no- 
tice that  unless  redeemed  the  same  will  be  sold  at  public  sale 
at  a certain  hour  of  a certain  day  at  the  pound.  All  of  said 
animals  not  redeemed  by  the  payment  of  the  pound  fees  afore- 
said, and  25c  per  head  for  each  day  after  the  expiration  of 
the  first  three  days,  shall  be  sold  on  the  day  named  in  the  said 
notice,  by  the  City  Marshal  or  some  person  authorized  by  him, 
at  public  auction  to  the  highest  bidder  for  cash.  The  City 
Marshal,  or  officer  selling  said  animal  shall  keep  a record  con- 
taining a brief  description  of  the  property  sold,  the  price  paid, 
and  the  name  of  the  purchaser  thereof,  which  shall  be  filed 
in  the  office  of  the  City  Marshal.  The  proceeds  of  the  sale  shall 
be  paid  over  at  once  to  the  City  Treasurer  who  shall  hold  said 
fund  for  sixty  days,  subject  to  the  order  of  the  owner  of  said 
animal,  after  retaining  enough  to  pay  all  costs,  fees  and 
charges,  including  cost  of  advertising.  Should  said  fund  re- 
main unclaimed  after  the  expiration  of  sixty  days  it  shall  be 
paid  into  the  city  treasury. 


135 


18.  the  same;  purchaser  to  acquire  valid  title. 

A j^iirchaser  at  any  such  sale  above  mentioned  shall  be 
vested  with  a good  and  perfect  title  to  the  property. 

19.  Driving  loose  mules  on  Washington  Street. 

It  shall  be  unlawful  for  any  owner  or  person  in  pos- 
session or  control  of  loose  mules,  horses  or  horned  cattle  to 
drive  the  same  in  any  number  exceeding  two,  up  or  down,  or 
through,  an}^  part  of  Washington  Street  in  s.iid  city,  between 
South  ^ladison  and  China  Streets.  Any  person  violating  this 
section  shall,  on  conviction,  be  fined  not  more  than  twenty 
dollars  for  each  offense. 

20.  Animals;  dog  tax. 

A privilege  license  tax  of  one  dollar  per  annum  is  hereby 
created  and  imposed  on  each  dog  without  regard  to  sex  that 
is  permitted  or  allowed  by  its  owner  or  keeper  to  run  at  large 
within  the  limits  of  the  City  of  Vicksburg. 

21.  the  same;  Assessor  to  provide  license  tags. 

The  City  Assessor  shall  cause  to  be  made  and  keep  in  his 
office  license  tags  made  of  brass  or  some  other  durable  metal, 
each  to  be  numbered  and  marked  “License  Tax  on  Dogs”,  and 
he  shall  keep  a register  of  all  tags  sold  by  him,  to  whom  they 
are  sold,  and  a short  description  of  the  dog  upon  which  they 
are  to  be  used.  All  tags  procured  and  purchased  from  the 
said  assessor  shall  be  attached  fo  a collar  on  the  dog  described 
on  the  register  provided  for  in  this  ordinance.  All  money 
paid  to  and  collected  by  the  assessor  for  the  said  license  tags 
shall  be  paid  into  the  city  treasury  in  the  same  manner  and 
at  the  same  time  as  other  privilege  taxes  are  paid. 

22.  the  same;  Catchers  appointed;  unclaimed  dogs  disposed  of. 

The  Mayor  shall  authorize  and  appoint  some  suitable 
person  or  persons  at  his  discretion  to  kill  or  destroy,  or  to 
catch,  take  up  and  impound  all  dogs  found  running  at  large 
within  the  limits  of  the  City  of  Vicksburg  without  the  license 
tag  hereby  required,  and  the  said  dogs  so  caught  taken  up  and 
impounded  shall  be  delivered  to  the  City  Pound  Keeper  who 
shall  safely  keep  the  same  for  three  days,  within  which  time 
they  may  be  reclaimed  by  the  owner  upon  payment  of  a fine 
of  $2.50,  which  sum  when  collected  shall  be  paid  into  the  city 
treasur}^  Unless  said  dogs  are  reclaimed  within  said  time 
they  shall  be  killed  and  destroyed  by  the  order  of  the  City 
Marshal. 


136 


23.  the  same;  dog  catcher’s  duty;  not  to  be  interfered  with. 

Any  person  or  j^ersons  appointed  by  the  Mayor  to  catch 
take  up  and  impound  dogs  shall  not  be  interfered  with  in  the 
discharge  of  their  duties  under  the  penalties  provided  by  law 
for  the  punishment  of  persons  interfering  with  an  officer.  Any 
person  or  persons  so  appointed  as  aforesaid  shall  receive  as 
compensation  for  their  services  the  sum  of  fifty  cents  for  each 
dog  caught,  taken  up  and  impounded,  which  said  sum  shall  be 
paid  monthly  out  of  the  general  funds  in  the  city  treasury. 

24.  the  same;  stray  dogs  disposed  of. 

Any  stray  dog  found  within  the  enclosure  of  any  resident 
of  this  city  may  be  law^fully  killed  by  such  resident,  or  by  any 
other  person  for  him. 

25.  Animals;  vicious,  to  be  confined. 

No  j^erson  shall  keep  or  maintain  any  vicious  dog,  or 
any  other  vicious  animal  whatsoever  that  may  be  likely  to 
attack  and  injure  any  human  being,  or  any  other  animal, 
unless  the  same  be  tied  or  confined  in  some  secure  place.  In  no 
case  shall  any  such  animal  be  permitted  to  run  at  large. 

Any  person  violating  this  section  shall  upon  conviction 
be  fined  not  more  than  one  hundred  dollars. 

26.  the  same;  hogs  not  to  be  kept  in  city. 

It  shall  be  unlawful  for  any  person  to  keep  enclosed 
in  any  pen,  or  otherwise,  any  swine  of  any  description 
within  the  limits  of  said  city.  Any  person  or  persons  guilty 
of  said  offense  shall  upon  conviction  be  fined  not  exceeding 
twenty  dollars. 

27.  Arrests;  who  may  make. 

(1444)  Arrests  for  crimes  and  offenses  committed 
within  the  limits  of  the  City  of  Vicksburg,  or  within  the  ju- 
risdiction thereof,  may  be  made  by  the  City  Marshal,  or  his 
deputy,  by  any  policeman,  or  other  officer  to  whom  the  police 
power  rightfully  belongs.  Private  persons  may  also  make 
arrests. 

Where  a private  person  deputized  by  a justice  of  the  peace  to  execute 
a warrant  of  arrest  issued  by  him  acts  under  the  warrant  in  making  the 
arrest  he  is  entitled  to  the  protection  afforded  a de  facto  officer  in  serving 
a warrant.  Harris  v.  State  72  Miss,,  99. 

28.  the  same ; all  persons  to  assist  officers  in. 

(1445)  Every  person  when  commanded  so  to  do 
an  officer  seeking  to  arrest  an  offender,  must  aid  and  assist 


137 


in  making  the  arrest,  and  must  obey  the  commands  of  the 
officer  in  respect  thereto. 

29.  the  same ; made  at  any  time  and  place. 

(ld-16)  Arrests  for  criminal  offenses  and  to  prevent 
a breach  of  the  peace,  or  the  commission  of  a crime,  may 
be  made  at  any  time  or  place. 

30.  the  same;  when  made  without  warrant. 

(14dT)  An  officer  or  private  person  may  arrest  any  person 
without  warrant,  for  an  indictable  offense  committed,  or  a 
breach  of  the  peace  threatened  or  attempted  in  his  presence ; or 
when  a person  has  committed  a felony,  though  not  in  his  pres- 
ence ; or  when  a felony  has  been  committed  and  he  has  reason- 
able ground  to  suspect  and  believe  the  person  proposed  to  be  ar- 
rested to  have  committed  it ; or  on  a charge  made  upon  reason- 
able cause,  of  the  commission  of  a felony  by  the  party  pro- 
2)osed  to  be  arrested.  And  in  all  cases  of  arrests  without  war- 
rant, the  j)erson  making  such  arrest  must  inform  the  accused 
of  the  object  and  cause  of  the  arrest,  except  vdien  he  is  in  the 
actual  commission  of  the  offense,  or  is  arrested  on  jDursuit. 

"WTiere  a felony  is  committed  at  night,  and  being  discovered  the  next 
morning  an  officer  and  others  immediately  follow,  and  shortly  coming  upon 
the  felon  in  hiding  he  flees  and  is  followed,  this  is  a fresh  pursuit  wdthin 
the  meaning  of  the  above  section  and  a warrant  for  the  arrest  is  not  neces- 
sary. White  V.  State,  70  Miss.,  253. 

31.  the  same;  officer  may  break  and  enter. 

(1448)  To  make  an  arrest  any  officer  or  private  person, 
after  notice  of  his  office  and  object,  if  admittance  be  refused, 
may  break  open  a window,  or  outer  or  inner  door  of  any  dwell- 
ing or  house  in  which  he  has  reason  to  believe  the  offender  may 
be  found. 

32.  the  same;  if  offender  escape  officer  may  pursue. 

(1449)  If  any  offender  escape,  or  be  rescued  the  person 
from  whose  j^ossession  or  custody  escaped  or  was  rescued  may 
immediately  pursue  and  retake  him  at  any  time  and  in  any 
county  without  warrant. 

33.  the  same;  offiender  to  be  taken  before  officer. 

(1450)  Every  person  making  an  arrest  shall  take  the  of- 
fender before  the  proper  officer  without  unnecessary  delay  for 
examination  of  his  case. 

34.  the  same;  officers  making  arrests  not  liable. 

(1451)  Officers  and  others  who  make  arrests  as  authorized 


138 


or  rec^iiired  by  law  shall  not  be  liable  on  accoilnt  thereof,  civilly 
or  criminally,  notwithstanding  it  may  appear  that  the  party 
arrested  was  innocent  of  any  offense. 

35.  the  same;  duty  of  officers  in  gambling  cases. 

(1455)  It  shall  be  the  duty  of  every  police  officer  of  the 
City  of  Vicksburg,  when  they  know  or  have  reason  to  suspect 
any  person  to  be  guilty  of  a violation  of  the  city  ordinances  in 
reference  to  gambling  or  gaming,  to  apprehend  such  person, 
with  or  without  warrant,  and  to  bring  him  before  the  City 
Court,  and  to  a])pear  and  prosecute  such  offender;  and  for 
that  purpose  any  such  officer,  if  he  know  or  have  reason  to 
believe  that  any  gambling  or  gaming  is  being  carried  on  in  any 
house,  room  or  place,  may  lawfully  break  into  the  same  with 
or  without  warning  to  the  persons  therein. 

36.  Arrests;  persons  refusing  to  assist  officer. 

If  any  person  shall  fail  or  refuse  to  aid  or  assist  a police 
officer,  or  policeman,  when  lawfully  called  upon  to  do  so  by 
such  officer  or  jDoliceman  who  is  in  the  discharge  of  his  duty, 
such  person  shall,  on  conviction,  be  fined  not  more  than  five 
dollars. 

37.  Arrests;  bonds,  how  made. 

Any  person  arrested  in  this  city  for  a violation  of 
the  criminal  ordinances  thereof,  shall  have  the  right  to  give 
a good  and  sufficient  bond  in  the  penalty  of  not  less  than 
twenty  nor  more  than  two  hundred  dollars,  to  be  fixed 
by  the  City  Marshal,  for  his  appearance  before  the  City  Court 
at  a day  and  hour  specified  therein.  Such  bond  may  be  ten- 
dered to  the  City  Marshal,  and,  when  approved  by  him,  the 
person  shall  be  released  from  custody. 

No  police  officer  shall  be  authorized  to  receive  and  approve 
any  such  bond,  nor  to  release  any  person  thereon,  except  upon 
order  of  the  City  Marshal. 

Should  any  person  after  giving  such  bond,  fail  to  be  and 
appear  before  the  City  Court  according  to  its  conditions,  the 
Police  Justice  shall  declare  such  bond  forfeited,  and  at  once 
deliver  the  same  to  the  City  Attorney  for  collection. 

38.  Public  Balls;  permit  required. 

It  shall  be  unlawful  for  any  owner  or  lessee  or  person  in 
control  of  any  hall  or  other  building  in  the  City  of  Vicksburg 
to  authorize  or  permit  any  ball  or  dance  for  which  an  admis- 
sion fee  is  charged  and  required  to  be  paid  by  those  attending 
it,  to  take  place  therein  without  first  having  exhibited  by  him 


139 


a permit  from  the  flavor  or  City  ^Marshal  authorizing  such 
ball  or  dance  to  be  held. 

• 39.  the  same;  permit,  how  obtained. 

Any  person  or  persons  desiring  to  give  a ball  or  dance 
within  said  city  for  admission  to  which  a fee  or  charge  will 
be  required  to  be  paid  by  those  attending,  shall,  at  least  twenty 
four  hours  before  the  time  fixed  for  the  same  apply  in  writing 
to  the  i\Ia3mr  or  City  Marshal  of  said  cit}^  for  permission  to 
give  said  ball  or  dance  stating  the  time  and  place  of  said  ball 
or  dance,  and  giving  the  names  of  those  who  are  to  have  the 
control  and  management  of  the  same. 

40.  the  same;  disorderly  conduct  at. 

The  person  or  persons  applying  for  and  receiving  said 
permit  and  any  owner,  lessee  or  person  in  control  of  am"  such 
hall  shall  be  responsible  for  the  good  order  and  decent  behavior 
of  the  persons  assembled  at  said  ball  or  dance,  and  for  any 
breach  of  the  peace  or  disorderly  conduct  by  any  one  admitted 
to  said  ball  or  dance,  he  or  they  shall  be  subject  to  arrest  and 
trial  before  the  City  Court;  and  upon  due  proof  that  such 
breach  of  the  peace  and  disorderly  conduct  was  committed 
shall  be  punishable  by  a fine  of  not  more  than  one  hundred 
dollars.  Provided,  that  said  person  or  persons  may  protect 
themselves  from  said  penalty  by  showing  to  the  satisfaction  of 
the  court  that  they  made  an  effort  to  prevent  such  breach  of 
the  peace  or  disorderly  conduct,  and  by  bringing  the  real  ac- 
tors therein  to  punishment,  said  actors  being  also  declared 
hereb}^  subject  to  said  penalty  upon  conviction  thereof  before 
the  City  Court. 

41.  Bribing  an  Officer;  penalty. 

Any  person  who  shall  promise,  offer  or  give  to  aii}^  police 
officer.  Chief  of  Police,  City  Marshal,  work  house  keeper, 
chain-gang  guard,  or  any  other  officer  or  agent  of  the  city 
whatsoever,  any  monejy  goods,  or  other  valuable  thing,  with 
intent  to  influence  his  official  action  in  any  matter  whatsoever, 
shall  on  conviction  be  fined  in  any  sum  not  exceeding  one  hun- 
dred dollars,  or  be  imprisoned  not  exceeding  one  month,  or 
both. 

42.  Butcher;  to  keep  register  of  animals  bought. 

(1055)  Any  butcher,  or  dealer  in  cattle,  sheep  or 
hogs,  or  hides,  who  shall  fail  to  enter  in  a book  or  register  the 
names  of  all  persons  from  whom  he  buvs,  and  a description 
b\"  marks  and  brands  or  otherwise,  of  all  animals  bought  or 
kept  by  him  for  slaughter,  or  of  all  hides  purchased,  or  to 


140 


allow  an  inspection  of  such  entries  at  any  time,  by  any  person 
interested  to  make  it,  shall  on  conviction  be  fined  not  exceeding 
one  hundred  dollars,  or  be  imprisoned  not  exceeding  one  month, 
or  both. 

43.  Buzzard;  not  to  be  destroyed. 

(1075)  If  any  person  shall  wantonly  kill  or  injure 
any  buzzard,  he  shall  on  conviction  be  fined  not  exceeding 
twenty  dollars. 

44.  Burglar’s  tools;  not  to  have. 

It  shall  be  unlawful  to  have  in  actual  or  constructive  pos- 
session any  instrument  or  thing  used  for  the  commission  of 
burglary,  or  for  picking  locks,  or  pockets,  or  any  swindling 
device.  Any  person  violating  this  section  shall  on  conviction 
be  fined  not  more  than  one  hundred  dollars,  or  be  imprisoned 
not  more  than  one  month  or  both. 

45.  Buildings;  not  to  become  unsafe  and  dangerous. 

It  shall  be  unlawful  for  any  person  or  corporation  owning 
store  houses  or  other  buildings  abutting  on  any  of  the  public 
streets  of  said  city  to  j^ermit  the  same  to  get  out  of  repair  from 
age  or  other  cause  so  as  to  be  liable  to  originate  or  spread  fire, 
or  to  become  dangerous  to  any  tenant  or  occupant  thereof,  or 
to  the  public  travelling  along  said  streets  and  sidewalks. 

46.  the  same ; to  be  examined  and  reported  on. 

Whenever  the  attention  of  the  Mayor  and  Aldermen  shall 
be  called  to  the  dangerous  and  unsafe  condition  of  any  building 
on  said  streets  or  alleys  by  the  City  Marshal  or  other  person, 
it  shall  be  the  duty  of  the  Mayor  andAldermen  to  employ  some 
comi:>etent  architect,  or  other  suitable  person  to  carefully  ex- 
amine the  same,  in  conjunction  with  two  disinterested  citizens 
of  said  city,  who  shall  make  a written  report  of  their  findings 
to  said  Board  of  Mayor  and  Aldermen. 

47.  the  same ; proceedings  to  abate  nuisance. 

Upon  the  coming  in  of  the  report  of  said  architect  and 
two  citizens,  if  they  shall  report  said  building  unsafe  and 
dangerous,  the  same  shall  be  declared  a nuisnnce.  Thereupon 
it  shall  be  the  duty  of  the  City  Clerk  to  issue  a written  notice 
to  the  owner  of  the  property  directing  said  owner  to  tear 
down,  repair,  or  make  safe  said  building  within  ten  days  from 
the  date  of  said  notice,  and  said  notice  shall  be  served  by  the 
City  ]\Iarshal  or  Deputy  City  Marshal,  or  by  any  policeman  of 
said  city,  on  the  owner  of  said  property  if  said  owner  be  a 


141 


resident  of  said  city,  and  if  not,  then  on  said  owner's  dnly 
authorized  agent  or  attorney  if  there  be  one  resident  in  the 
city,  and  if  there  be  no  such  agent  or  attorney  in  the  city  then 
said  notice  shall  be  posted  in  a conspicuous  place  upon  said 
building,  or  be  mailed,  postage  prepaid,  to  the  last  known  post- 
office  address  of  the  owner  of  said  property,  his  agent  or  attor- 
ney. 

48.  the  same ; to  be  removed. 

If,  after  the  aforesaid  ten  days  notice,  the  owner  or  agent 
shall  fail  to  repair  or  remoye  the  said  dangerous  building,  the 
Board  of  Mayor  and  Aldermen  shall  direct  the  City  Marshal 
to  cause  all  persons  to  y a cate  the  same  until  it  shall  ha  ye  been 
23roperly  repaired;  and  the  City  Marshal  may  forcibly  eject 
any  owner,  occupant,  or  tenant  therefrom,  and  preyent  them 
or  others  from  entering  the  same  until  it  shall  haye  been  so 
properly  repaired. 

The  City  Marshal  shall  then  have  such  building  demol- 
ished, or  repaired,  or  such  portion  thereof  as  it  may  be  neces- 
sary to  demolish,  remove  or  repair,  for  the  public  safety.  The 
cost  of  such  work  shall  be  borne  by  the  owner  of  the  property, 
but  shall  be  paid  in  the  first  instance  out  of  the  city  treasury. 

49.  the  same;  expense  of  removal  collected  with  taxes. 

The  expense  incurred  in  carrying  out  the  provisions  of 
section  48  hereof  shall  constitute  a lien  on  the  building  and 
lot  on  which  it  stands,  and  the  Assessor  and  Collector  of  Taxes 
for  said  city  shall  assess  and  collect  the  same  as  is  provided 
for  the  collection  of  the  gravel  tax  in  Article  25  of  Section  28 
of  the  charter  of  said  city. 

50.  the  same;  penalties. 

Any  person  violating  any  of  the  provisions  of  sections 
45,  47  or  48  hereof  or  neglecting  or  refusing  to  obey  any  legal 
notice  with  reference  thereto,  shall,  upon  conviction,  be  fined 
not  more  than  one  hundred  dollars,  or  be  imprisoned  not  more 
than  one  month  or  both.  And  each  day  the  said  nuisance  may 
continue  after  notice,  or  such  person  may  neglect  or  refuse  to 
obey  any  such  notice  or  order,  shall  constitute  a distinct  and 
separate  offense. 

51.  Cigarettes,  etc.;  not  sold  to  persons  under  sixteen. 

(1082  ) If  any  person  shall  sell,  barter  or  give 

away  any  cigar  or  cigars,  cigarette  or  cigarettes,  or  cigarette 
papers,  smoking  tobacco,  chewing  tobacco,  or  snuff,  to  any 
child  under  the  age  of  sixteen  years,  unless  previously  author- 


142 


ized  in  writing  by  the  parent  or  guardian  of  such  child,  he 
shall  on  conviction  be  fined  not  more  than  one  hundred  dollars. 

52.  Cotton  Seed;  register  to  be  kept. 

(1090)  Every  person  who  buys  or  barters  for  seed 

cotton  and  fails  to  enter  in  a book  or  register  the  names  of  all 
persons  from  whom  he  buys,  or  procures  by  barter,  such  cotton, 
the  date  of  the  transaction,  the  quantity  received,  and  the  place 
where  said  to  have  been  grown,  or  to  allow  an  inspection  of 
such  entries  at  any  time  by  any  person  interested  to  make  it, 
shall,  on  conviction,  be  fined  not  more  than  one  hundred  dol- 
lars, or  be  limprisoned  not  more  than  one  month,  or  both. 

53.  Cotton  Seed;  not  bought  in  night  time. 

(1089  ) If  any  person  shall  buy,  sell  or  exchange, 

or  receive  or  deliver  in  pursuance  of  any  contract  of  sale  or 
exchange,  any  cotton  in  the  seed,  or  ginned  and  not  baled, 
between  sunset  on  one  day  and  sunrise  on  the  next,  he  shall 
upon  conviction  be  fined  not  exceeding  one  hundred  dollars 
and  imprisoned  not  more  than  one  month,  or  both. 

54.  Cemetery;  visitors  regulated. 

It  shall  be  unlawful  for  any  person  to  visit  the  City  Ceme- 
tery between  the  hours  of  7 :30  P.  M.,  and  6 :00  A.  M.,  during 
the  months  of  April,  May,  June,  July,  August  and  September, 
and  between  the  hours  of  6 o’clock  P.  M,,  and  7 o’clock  A.  M., 
during  the  months  of  October,  November,  December,  January, 
February  and  March  without  jDermission  from  the  City  Sex- 
ton. Any  person  violating  this  section  shall  on  conviction, 
be  fined  not  more  than  fifty  dollars,  or  be  imprisoned  not  ex- 
ceeding one  month,  or  both. 

55.  the  same;  monuments,  headstones,  etc.,  how  placed. 

It  shall  be  unlawful  for  any  person  to  place,  erect  or  set 
up  any  head-stone,  monument,  stone,  brick  or  marble  work 
of  any  kind  in  a lot  in  the  City  Cemetery,  wfitlioiit  first  having 
procured  the  consent  of  the  City  Sexton. 

56.  the  same;  sexton  to  superintend  erection  of. 

No  stone  or  marble  work  of  any  kind  shall  be  set  up  placed 
or  erected  in  the  City  Cemetery  unless  the  same  is  set  or  placed 
upon  a good  and  substantial  brick  or  stone  foundation,  but 
the  City  Sexton  may  dispense  with  such  requirement  if,  in  his 
discretion,  he  deems  such  work  unnecessary,  and  it  shall  be 
the  duty  of  said  City  Sexton  to  supervise  and  direct  the  set- 
ting and  erection  of  all  stone  brick  and  monumental  work  in 
said  cemetery. 


143 


57.  Cemetery;  offenses  respecting. 

If  any  j^erson,  not  being  duly  authorized,  shall  cut  destroy 
injure  or  reinoye  any  flowers  or  shrubbery  in  the  City  Ceme- 
tery, or  shall  nmtihite,  deface,  injure  f>r  destroy  any  fence,  mon- 
ument grayestone,  or  any  part  thereof,  or  anything,  appertain- 
ing thereto ; or  if  an}"  person  shall  discharge  firearms,  or  hunt 
with  firearms,  dogs  or  otherwise;  or  permit  any  horse,  coAy, 
sheep  mule,  or  any  kind  of  stock  or  horned  cattle  to  run  at 
large  within  the  limits  of  the  said  City  Cemetery,  he  shall 
upon  conyiction  be  fined  not  exceeding  one  hundred  dollars, 
or  be  imprisoned  not  more  than  one  month  or  both. 

58.  Cocaine;  how  sold. 

(1083  ) If  any  druggist,  or  other’ person  w"homso- 

eyer,  shall  sell  or  giye  away  any  hydro-chlorate  of  cocaine,  or 
any  ju’eparation  thereof,  without  the  person  buying  or  receiy- 
ing  the  same  presenting  and  leaving  with  the  seller  or  giver 
a written  certificate  signed  by  some  reputable  physician  show- 
ing that  the  same  is  necessary  or  proper  to  the  health  of  the 
person  for  whose  use  the  same  is  desired,  naming  the  person, 
which  said  certificate  shall  be  retained  on  file  by  the  seller, 
and  entered  in  a register  kept  for  that  purpose,  which  said 
register  shall  be  open  to  inspection  by  the  police,  he  shall  on 
conviction  be  fined  not  more  than  one  hundred  dollars,  or  be 
imprisoned  not  more  than  one  month,  or  both. 

59.  the  same;  physician  not  to  give  false  certificate. 

If  any  physician  shall  give  a certificate  of  the  kind  men- 
tioned in  the  preceding  section  which  is  false  he  shall  on 
conyiction  be  fined  not  more  than  one  hundred  dollars,  or  be 
imprisoned  not  more  than  one  month,  or  both. 

60.  Discharging  Fire  Arms;  penalty  for. 

If  any  person  shall  unnecessarily  discharge  any  fire  arm 
in  any  portion  of  this  city,  he  shall,  upon  co}iyiction,  be  fined 
not  more  than  twenty-five  dollars. 

61.  Disorderly  Conduct;  what  constitutes,  penalty. 

If  any  person  shall  upon  the  streets  of  said  city,  or  in 
any  store-house,  theatre,  saloon,  dwelling-house,  public  build- 
ing, or  at  any  place  whatsoever  Avithin  the  limits  of  said  city, 
make  use  of  any  violent,  profane,  abusive  or  obscene  language, 
or  be  guilty  of  any  Audgar,  indecent  or  oll'ensiA^e  conduct,  or 
do  any  other  aot  or  thing  contrary  to  the  peace,  security  and 
good  order  of  the  city,  he  shall  l)e  guilty  of  a misdemeanor, 
and  upon  conviction  shall  be  fined  in  any  sum  not  exceeding 


144 


one  liimdred  dollars,  or  be  imprisoned  not  more  than  one 
month,  or  both. 

62.  Disorderly  House;  definition,  penalty. 

It  shall  be  unlawful  for  any  person  to  keep  a disorderly 
house  by  making  or  causing  to  be  made  within  lewd  and  im- 
proper noises,  or  by  collecting  therein  drunken  noisy  and  dis- 
orderly persons  to  the  anoyance  of  others  and  the  disturbance 
of  the  neighborhood.  Any  person  violating  this  section,  shall, 
upon  conviction,  be  fined  not  more  than  one  hundred  dollars, 
or  be  imprisoned  not  more  than  one  month,  or  both. 

63.  Disturbing  the  Peace;  penalty. 

(1111  ) If  any  person  shall  wilfully  disturb  the 

l^eace  of  any  family  or  person  by  an  explosion  of  gunpowder 
or  other  explosive  substance,  or  by  loud  or  unusual  noise,  or 
by  any  tumultuous  or  offensive  conduct  he  shall  upon  convic- 
tion be  fined  not  more  than  one  hundred  dollars,  or  be  im- 
prisoned not  more  than  one  month,  or  both. 

What  constitutes  the  offensive  conduct,  or  the  nature  or  character  of 
the  offensive  condiuft,  should  be  stated  in  the  affidavit.  Finch  v.  State,  64 
Miss.,  461. 

An  affidavit  averring  the  disturbance  of  an  individual  charges  no 
offense.  Brooks  v.  State,  67  Miss.,  577. 

64.  Collecting  Crowds;  obstructing  streets,  penalty. 

It  shall  be  unlawful  for  any  person  to  employ  any  device 
noise  or  performance  tending  to  the  collection  of  persons  on 
the  streets,  or  other  public  places  to  the  obstruction  of  the 
same.  Any  person  violating  this  section  shall  on  conviction 
be  fined  not  more  than  twenty  five  dollars. 

65.  Disturbing  the  Peace;  definition,  penalty. 

(1112  ) If  any  person  shall  enter  the  dwelling 

house  of  another,  or  the  yard  or  curtilage  thereof,  or  upon  the 
j)ublic  streets,  or  any  other  place  near  such  premises,  and  in 
the  presence  and  hearing  of  the  family  of  the  possessor  or  occu- 
pant thereof,  or  of  any  member  thereof,  or  of  any  female,  make 
use  of  any  vulgar  profane  indecent  or  abusive  language,  or  be 
guilty  of  any  indecent  exposure  of  his  person  at  such  place,  he 
shall  upon  conviction  be  fined  not  more  than  one  hundred  dol- 
lars, or  be  imprisoned  not  more  than  one  month,  or  both 

Place  is  material.  An  indictment  charging  the  use  of  abusive  language 
in  a yard  is  not  sustained  by  proof  of  its  use  near  the  yard.  Quin  v.  State, 
65  Miss.,  479. 

An  indictment  charging  the  use  of  abusive  language  in  a highway 
near  the  premises  of  another  and  in  presence  of  a member  of  the  latter’s 
family  is  sufficient.  State  v.  Moore,  (24  So.  308). 


145 


66.  Disturbing  Religious  Worship;  penalty. 

(1113  ) If  any  person  shall  wilfully  disturb  any  con- 

gregation of  persons  lawfully  assembled  for  religious  worship 
he  may  be  immediately  arrested  by  any  officer  or  private  person 
present  without  warrant,  and  delivered  into  the  custody  of 
the  City  Marshal.  And  on  conviction  thereof  he  shall  be  fined 
not  more  than  one  hundred  dollars. 

An  indictment  is  defective  fatally  if  it  fails  to  State  the  nature  or 
character  of  the  disturbance.  Conerly  v.  State,  66  Miss.,  96. 

67.  Drunkenness,  Profanity  in  Public;  penalty. 

(1295  ) If  any  person  shall  profanely  swear  or 

curse,  or  be  drunk  in  any  public  place,  in  the  presence  of  two 
or  more  persons,  he  shall,  on  conviction  be  fined  not  more  than 
fifty  dollars  for  each  offense. 

The  indictment  must  set  out  the  profane  language  used.  Walton  v. 
State,  64  Miss.,  207. 

It  is  not  necessary  to  profanity  that  the  name  of  the  Diety  be  used. 
State  V.  Wiley  76,  Miss.,  282. 

One  cannot  defend  a charge  of  resisting  an  officer  seeking  to  arrest 
him  because  drunk  in  a public  place  to  which  he  had  necessarily  been  taken 
on  account  of  his  own  wrong  doing.  Brown  v.  State,  81  Miss.,  137. 

68.  Drunkenness  in  Private,  Annoyance  of  Others;  penalty. 

If  any  person  shall  be  drunk  in  any  private  place  to  the 
annoyance  of  others,  or  the  disturbance  of  the  peace,  he  shall, 
upon  conviction,  be  fined  not  more  than  ten  dollars  for  each 
offense. 

69.  Dram  Shops;  provisions  relating  to. 

A.  It  shall  be  unlawful  for  any  person  in  the  City  of 
Vicksburg  to  sell,  barter,  or  give  away  to  induce  trade,  any 
vinous,  alcoholic,  malt,  intoxicating  or  spirituous  liquor  with- 
out first  obtaining  license  therefor  according  to  the  Laws  of 
the  State  of  Mississippi  now  in  force,  or  hereafter  to  be 
enacted. 

B.  Wholesale  druggists  domiciled  and  doing  business  in 
this  city  may  sell  alcohol  to  retail  druggists  and  physicians  in 
any  quantity  not  less  than  one  gallon  without  a license. 

C.  It  shall  be  unlawful  for  any  person  having  a license 
to  sell  such  liquors  in  this  city  to : 

I.  Fail  to  keep  a quiet  peaceable  and  orderly  house;  or 

II.  Suffer  or  commit  any  riotous  or  disorderly  conduct, 
or  any  drunkenness,  or  unlawful  gaming  or  gambling  in  or 

lO-City 


146 


about  the  house  or  place  where  such  liquors  are  kept,  or  on  the 
premises  thereunto  belonging;  or 

III.  Sell  or  give  away  such  liquors  bitters  or  drinks  to 
any  intoxicated  person;  or 

IV.  Having  a license  to  sell  in  less  quantity  than  one 
gallon,  to  sell,  barter  or  give  away  to  induce  trade,  any 
liquors  bitters  or  drinks  at  any  place  or  house  other  than  that 
specified  in  his  license;  or 

Y.  Keep  open  the  dram-shop,  bar,  or  place  where  such 
liquors  are  sold,  or  sell  any  such  liquors  between  the  hours  of 
HP.  M.  of  the  day  and  5 A.  M.  of  the  next  day;  or 

VI.  Having  a tax  license  to  sell  in  quantities  of  one  gallon 
or  more,  shall  i^ermit  the  drinking  of  such  liquors  or  drinks  in 
his  store  or  on  his  premises;  or 

VII.  To  allow  females  in  such  dram-shops,  or  to  sell  any 
drinks  of  vinous  spiritous  or  malt  liquors  to  females;  or 

VIII.  To  sell  any  vinous  alcoholic,  malt,  intoxicating  or 
spiritous  liquors,  or  intoxicating  bitters,  or  other  drink  which 
if  drunk  to  excess  will  produce  intoxication,  in  any  quantity, 
to  any  person  in  the  habit  of  becoming  intoxicated,  to  an  In- 
dian, to  any  minor;  or 

IX.  To  sell  any  such  liquors,  or  to  keep  open  the  dram- 
shop, bar,  or  place  where  such  liquors  are  sold,  on  the  first  day 
of  the  week,  commonly  called  Sunday ; or 

X.  To  permit  or  suffer  dice-throwing  or  other  game  of 
chance,  card  playing  or  billiard  or  pool-playing  in  his  dram 
shop,  or  suffer  dice-throwing  or  other  game  of  chance  or  card 
playing  on  his  premises,  or  in  any  adjoining  apartment  subject 
to  his  control;  or 

XI.  To  sell  liquors  between  the  hours  of  twelve  o’clock 
of  the  night  preceding  any  general  or  special  election  and 
twelve  o’clock  of  the  night  succeeding  the  election ; or  to 

XII.  Use  or  permit  about  the  premises  any  screen  or 
screen  door  or  any  other  thing  or  device  by  which  persons  in 
the  dram-shop  may  be  hidden  from  public  view;  or  to 

XIII.  Carry  on  the  business  of  the  dram-shop  except  in 
the  front  part  of  the  building  in  which  it  is  conducted ; or  to 

XIV.  Permit  any  minor  to  come  into  and  remain  in  the 
dram  shop. 

If  any  person  shall  violate  this  section  he  shall  upon 


147 


conviction  be  fined  not  more  than  one  hundred  dollars,  or  im- 
prisoned not  more  than  one  month,  or  both. 

70.  the  same;  procuring  for  minor,  etc. 

It  shall  be  unlawful  for  any  person  not  being  the  parent 
or  guardian,  or  in  loco  parentis  to  the  minor,  to  procure  in- 
toxicating liquors,  bitters  or  drinks  for  any  minor,  or  to  pro- 
cure the  same  for  an  Indian  or  for  a person  in  the  habit  of 
becoming  intoxicated,  and  any  person  violating  this  section, 
shall  on  conviction  be  fined  not  more  than  one  hundred  dollars, 
or  imprisoned  not  more  than  one  mouth,  or  both. 

71.  the  same;  license  avoided,  etc. 

If  any  person  having  a license  to  retail  liquors,  shall  vio- 
late any  of  the  provisions  of  the  laAv  of  this  city  in  reference 
to  such  sale,  his  license  shall  thereafter  be  void,  and  he  shall 
not  be  permitted  to  carry  on  the  business  of  I'etailing  liquors ; 
and  no  license  shall  thereafter  be  issued  to  such  person.  And 
for  the  space  of  two  years  thereafter  no  license  shall  be  granted 
to  any  person  whomsoever  to  carry  on  the  business  of  re- 
tailing liquors  in  the  same  house  where  such  violation  oc- 
curred. 

72.  Prosecutions  under;  evidence. 

On  the  trial  of  all  prosecutions  for  the  violation  of  law  by 
the  sale  or  giving  away  of  liquors  bitters  or  drinks,  the  city 
shall  not  be  confined  to  the  proof  of  a single  violation,  but 
may  give  evidence  of  any  one  or  more  offenses  of  the  same 
character  committed  anterior  to  the  day  laid  in  the  affidavit, 
and  not  barred  by  the  statute  of  limitations.  But  in  such 
case,  after  conviction  or  acquittal  on  the  merits,  the  accused 
shall  not  again  be  liable  to  prosecution  for  any  offense  of  the 
same  character  committed  anterior  to  the  day  laid  in  the  affi- 
davit. 

73.  Infant  Not  to  Lie  About  Age. 

If  an  infant  when  asked  by  a dram-shop  keeper  when  en- 
tering a dram  shop,  how  old  he  is,  shall  falsely  answer  that 
he  is  over  twenty  one  years  of  age,  or  in  words  so  meaning,  he 
shall  on  conviction  be  fined  not  more  than  twenty  dollars. 

Supreme  Court  Decisions  on  above  sections. 

One  licensed  to  retail  may  sell  in  any  quantity;  hence  there  is  no 
reason  why  applying  in  terms  for  a license  to  sell  generally  should  be  bad, 
since  the  only  license  the  authorities  can  grant  is  one  to  retail.  Hearn  v. 
Brogan,  64  Miss.,  334. 

Unless  the  petition  show  the  petitioner  to  be  a resident  of  the  munici- 


148 


pality,  and  good  reputation,”  the  grant  of  license  would  be  voict. 

McCreary  v.  Rhodes,  63  Miss.,  308. 

The  grant  of  the  license  is  within  the  discretion  of  the  corporate  au- 
thorities, and  they  may  refuse  it,  even  though  the  applicant  for  license  has 
met  all  the  requirements  of  the  law.  Perkins  v.  Ledbetter,  68  Miss.,  327. 

If  the  petition  fail  to  recommend  the  applicant  to  be  ‘‘of  good  repu- 
tation” it  is  insufficient.  Corbett  v.  Duncan,  63  Miss.,  84. 

A petition  which  avers  that  a certain  firm,  as  “A.  Loeb  & Co.,”  are 
of  “good  reputation,”  etc.,  is  not  sufficient,  because  of  a failure  to  set 
out  the  individual  names  of  the  firm.  Loeb  v.  Duncan,  63  Miss.,  89. 

The  petition  must  show  that  the  applicant  is  a resident.  McCreary  v. 
Rhodes,  63  Miss.,  308;  McGee  v.  Beall,  63  Miss.,  455. 

Counter  petitions  may  be  presented  at  any  time  before  the  granting 
of  the  license,  even  after  the  expiration  of  the  month  during  which  the  pe- 
tition for  license  is  required  to  lie  over.  Rogers  v.  Hahn,  63  Miss.,  578. 

Several  petitions  for  license  to  the  same  applicant,  materially  differ- 
ent, after  the  names  are  signed  to  each,  cannot  be  consolidated  by  append- 
ing the  names  on  all  to  the  heading  of  one.  Collins  v.  Barrier,  64  Miss.,  21. 

Where  it  is  sought  to  prevent  the  issuance  of  any  license,  the  petition 
against  must  be  signed  by  a majority  of  the  voters;  but  where  it  is  de- 
signed to  prevent  the  granting  of  a license  to  a particular  person,  a single 
voter,  or  any  number,  may  present  a counter  petition  for  the  purpose  of 
raising  objections  to  its  issuance.  Corbett  v.  Duncan,  63  Miss.,  84. 

A license  should  not  be  granted  unless  the  petition  therefor  contain 
the  names  of  a majority  of  the  legal  voters,  exclusive  of  all  names  appear- 
ing on  the  counter  petitions.  The  record  must  show  this  affiirmativeiy. 
Roger  V.  Hahn,  63  Miss.,  578. 

A counter  petition  may  be  directed  against  a particular  applicant,  or 
any  one  else.  It  is  not  bad  as  against  the  particular  applicant  because  it  is 
also  general.  Collins  v.  Barrier,  64  Miss.,  21. 

The  statute  does  not  require  an  ordinance  or  order  of  the  board  on  a 
general  petition  against  license.  After  the  counter  petition,  containing  tho 
names  of  a majority,  is  presented,  a license  cannot  be  granted  for  twelve 
months  Lexington  v.  Sargent,  64  Miss.,  621. 

A qualified  voter  is  a competent  petitioner,  notwithstanding  his  taxes 
were  paid  by  the  dram  shop  keepers  of  the  municipality,  if  the  payment 
was  not  made  as  a bribe,  and  with  no  understanding  as  to  the  voter’s  exer- 
cise of  the  right  of  suffrage.  Ferguson  & Head  v.  Brown,  75  Miss.,  214. 

Signing  a petition  is  analagous  to  voting,  and  under  Section  241  of  the 
constitution  of  1890,  petitioners  must  have  paid  taxes  for  two  years  pre- 
ceding the  year  in  which  they  sign.  Ib. 

The  mayor  and  aldermen  of  a municipality  are  not  disqualified  by 
signing  the  petition  from  hearing  and  deciding  upon  it.  Ib. 

Where  signatures  are  attested  by  witnesses,  it  is  unnecessary  to  pub- 
lish the  names  of  the  witnesses.  Ib. 

No  appeal  lies  from  an  order  refusing  a license.  Ferguson  v.  Monroe 
County,  71  Miss.,  524;  See  also  Ferguson  & Head  v.  Brown,  75  Miss.,  214. 

A note  to  the  officer  for  the  license  money  is  void.  The  statute  is 
positive — the  money  must  be  paid;  no  discretion  is  left  in  the  officer.  New- 
son  V.  Thigpen,  30  Miss.,  414;  McWilliams  v.  Phillips,  51  Miss.,  196. 

The  suit  on  the  bond  under  the  section  is  a suit  by  the  state,  though 
itbe  upon  information,  and  beprosecuted  by  privatecounselemployed  by 
the  informer,  and  the  informer  cannot  be  required  to  give  security  for 
costs.  Albrecht  v.  State,  62  Miss.,  516. 


149 


A bond  conditioned  to  “keep  all  the  conditions  of  the  revised  code 
of  1880“  must  be  construed  to  mean  the  code  as  amended  and  in  force 
when  the  bond  was  given.  O’Flinn  v.  State,  66  Miss.,  7. 

It  is  prima  facie  evidence  of  a breach  of  the  bond  if  it  be  shown  that 
the  dram  shop  was  open  and  an  infant  entered  and  bought  liquor  from  a 
person  behind  the  counter  and  transacting  the  business,  and  with  an  ap- 
parent right  to  sell.  The  bond  is  in  effect  conditioned  that  the  dealer  will 
not  violate  the  law,  and  will  not  suffer  it  violated  in  his  business.  Ib. 

A sale  of  liquor  for  the  use  of  an  intoxicated  person,  and  to  be  paid 
for  by  him,  will  be  deemed  a sale  to  him,  where  the  liquor  is  delivered  to, 
or  on  the  order  of,  another  to  whom  the  intoxicated  person  had  previously 
ordered  the  retailer  to  sell  on  his  credit.  Schulherr  v.  State,  68  Miss.,  227. 

In  a suit  on  the  bond  the  principal  and  sureties  are  estopped  to  deny 
the  validity  of  the  license  under  which  the  principal  has  done  business,  lb. 

In  an  action  on  the  bond  for  selling  to  an  intoxicated  person  the  de- 
fendant cannot  complain  where,  for  the  plaintiff,  the  court  instructs  tnat  if 
liquor  was  sold  plaintiff  could  recover,  and  for  the  defendant,  that  it  must 
be  shown  that  the  seller  knew  or  had  good  reason  to  believe  that  the  pur- 
chaser was  intoxicated.  Soloman  v.  State,  71  Miss.,  567. 

In  a suit  upon  a dram  shop  keeper  ^s  bond  the  plaintiff  need  only 
prove  his  case  with  reasonable  certainty.  State  v.  Spengler,  74  Miss.,  129. 

A board  of  supervisors  cannot  release  the  county ’s  half  interest  in  the 
judgment  on  a dram  shop  keeper’s  bond.  Eevenue  Agent  v.  Cox,  80  Miss., 
561. 

The  state  revenue  agent  cannot  maintain  an  action  on  a dram  shop 
keeper’s  bond  because  of  illegal  sales  of  intoxicants  by  the  principal  in  the 
bond,  made  neither  in  nor  about  the  licensed  shop,  or  on  the  premises  be- 
longing thereto.  Eevenue  Agent  v.  Miller,  81  Miss.,  613. 

A partner  may  be  convicted  for  a sale  of  liquor  to  an  intoxicated  per- 
son by  his  associate,  though  he  were  not  present,  and  did  not  consent  there- 
to. Whitton  State,  37  Miss.,  379. 

And  it  is  unnecessary  to  aver  the  partnership  in  this  indictment. 
Gathings  v.  State,  44  Miss.,  343. 

A merchant  is  liable  criminally  for  the  acts  of  his  agent  or  clerk  in 
the  unlawfful  sale  of  liquors,  even  if  the  sale  be  made  without  his  knowledge 
or  consent.  Eiley  v.  State,  43  Miss.,  397. 

There  need  not  be  proof  of  payment;  a sale  on  credit  is  within  the 
statute.  Ib. 

Where  the  indictment  charges  the  prisoner  with  selling  rum,  whiskey, 
brandy  and  gin,  proof  that  he  sold  any  one  of  them  in  violation  of  law  is 
sufficient.  Murphy  v.  State,  28  Miss.,  637. 

In  a trial  for  retailing  the  state  need  not  prove  the  negative  aver- 
ment that  the  defendant  did  not  have  a license.  Easterling  v.  State,  35 
Miss.,  210;  Thomas  v.  State,  37  Miss.,  353;  Pond  v.  State,  47  Miss.,  39; 
Fairly  v.  State,  63  Miss.,  333. 

The  defendant  must  show  his  license  if  he  rely  on  that  fact  as  a de- 
fense. Thomas  v.  State,  37  Miss.,  353. 

A seller  is  not  protected  by  his  ignorance  of  the  fact  that  the  liquor 
sold  is  intoxicating,  or  his  belief  to  the  contrary.  King  v.  State,  66  Miss., 
502. 

A sale  of  personal  property  is  ordinarily  completed  by  its  delivery  to 
the  purchaser.  Delivery  to  a carrier  for  shipment  in  the  usual  course  of 
trade,  is  prima  facie  a delivery  to  the  consignee.  Pearson  v.  State,  66 
Miss.,  510. 

One  who,  by  request  of  the  proprietor,  procured  whiskey  from  an  un- 


150 


licensed  bar  room  for  a customer,  and  collected  the  price,  was  properly  con- 
victed as  a principlal  of  unlawfully  selling  intoxicating  liquors.  AH  who  aid 
in  the  commission  of  a misdemeanor  are  principals.  Beck  v.  69  Miss.,  217 ; 
Wiley  V.  State,  74  Miss.,  727;  Johns  v.  State,  78  Miss.,  663;  Wortham  v. 
State,  80  Miss.,  205, 

Though  it  is  unnecessary  to  charge  in  an  indictment  to  whom  the 
liquor  was  sold,  yet  if  a sale  to  two  named  persons  is  averred,  this  becomes 
essential  as  descriptive  of  the  offense,  and  it  is  a fatal  variance  if  the  evi- 
dence is  of  a sale  to  one  only.  John  v.  State,  24  Miss.,  569;  Dick  v.  State, 
30  Miss.,  631;  Tyler  v.  State,  69  Miss.,  395. 

An  indictment  is  good  which  charges  generally  a sale  of  liquor  with- 
out authority  of  law.  Norton  v.  State,  65  Miss.,  297;  West  v.  State,  70 
Miss.,  598. 

Where  it  is  alleged  that  accused  unlawfully  sold  spiritous  liquors,  it 
is  error  to  admit  evidence  of  two  distinct  sales.  King  v.  State,  66  Miss., 
502;  Bailey  v.  State,  67  Miss.,  333;  Naul  v.  McComb  City,  70  Miss.,  699. 
See  Section  1762  Code  of  1906. 

The  indictment  need  not  allege  any  particular  sale.  Protection  against 
subsequent  jeopardy  is  procured  by  requiring  the  state  to  elect  and  confine 
its  evidence  to  one  sale,  and  by  allowing  extrinsic  evidence  on  a si  mi lar  in- 
dictment to  show  acquital  or  conviction  for  that  sale.  Newman  v.  State,  72 
Miss.,  124.  See  Section  1762  Code  of  1906. 

Members  of  the  grand  jury  are  not  competent  to  testify  that  the  sale 
sought  to  be  proved  is,  or  is  not,  the  one  inquired  of  by  it  on  which  the  in- 
dictment w^as  found.  Ib. 

An  indictment  need  not  aver  the  holding  of  a local  option  election  or 
its  results,  for  Section  1790  requires  the  courts  to  take  judicial  notice  of 
this.  State  v.  Bertrand,  72  Miss.,  516. 

It  is  competent  for  the  state  to  show  that  the  accused  had  paid  the 
license  fee  and  secured  the  stamp  from  the  United  States  authorizing  him 
to  sell  intoxicating  liquors.  Burnett  v.  State,  72  Miss.,  994. 

To  avail  of  a former  acquittal  for  unlawful  retailing  the  record  must 
be  introduced,  and  the  identity  of  the  offense  shown  by  evidence  aliunde. 
Rocco  V.  State,  37  Miss.,  357 ; Brown  v.  State,  72  Miss.,  95. 

Upon  appeal,  it  is  error  to  permit  the  state  to  amend  the  affidavit 
charging  a sale  to  certain  persons  by  striking  out  their  names,  and  to  prove 
a sale  to  a different  person.  Though  the  names  were  unnnecessary  in  the 
first  place,  they  became  a part  of  tlie  description  of  the  offense.  Tyler  v. 
State,  69  Miss.,  395;  Hudson  v.  State,  73  Miss.,  784. 

A sale  of  tincture  of  ginger,  prepared  in  good  faith  as  a medicine, 
by  a duly  licensed  druggist,  does  not  violate  this  section.  The  test  is, 
whether  the  tincture  or  essence,  was  sold  in  good  faith  as  a medicine,  on 
whether  it  was  a sham  preparation,  really  an  intoxicating  liquor,  and  sold 
as  a beverage.  King  & Wall  v.  State,  58  Miss.,  737;  Bertrand  v.  State,  73 
Miss.,  51. 

It  is  not  error  to  refuses  an  instruction  submitting  to  the  jury  the 
question  whether  the  home-made  wine  sold  by  the  accused  was  or  was  not 
an  intoxicant.  Ryfelt  v.  State,  73  Miss.,  415. 

It  is  error  to  admit  evidence  of  more  than  one  sale,  and  if  it  bo 
admitted  without  objection  it  is  error  to  give  an  instruction  to  the  state 
which  ignores  the  rule  that  the  conviction  must  be  predicated  of  one  sale. 
Hyman  v.  State,  74  Miss.,  829.  See  Section  1762  Code  of  1906. 

Parol  evidence  is  not  competent  to  show  that  the  defendanthad  a rev- 
enue license  from  the  United  States  government  without  notice  to  him 
o produce  it;  and  it  is  not  competent  to  show  that  license  at  all  unless 


151 


it  covers  tlie  time  of  the  sale  for  which  the  defendant  is  prosecuted. 
Snyder  v.  State,  78  Miss.,  366. 

It  is  incompetent  to  show  that  defendant  kept  intoxicating  liquors  at 
times  other  than  the  date  of  sale  for  which  he  is  prosecuted.  Ib. 

An  incorporated  social  club,  maintaining  apartments,  though  exclu- 
sively for  its  members  and  invited  guests,  which  without  license  dispenses 
therein  to  its  members  intoxicating  liquors  at  a fixed  price,  though  not  for 
gain,  is  guilty  of  unlawful  retailing.  Nogales  Club  v.  State,  69  Miss.,  218. 

NOTE:  Under  Section  1762  of  the  Code  of  1906,  the  state  is  not 

confined  to  the  proof  of  a single  violation,  but  may  introduce  evidence  of 
any  one  or  more  offenses  anterior  to  the  day  laid  in  the  indictment  or  affi- 
davit. The  foregoing  annotations  upon  this  point  are  given  to  show  more 
clearly  the  alteration  of  the  statute  in  this  regard. 

A druggist,  whose  license  for  selling  intoxicating  liquors  has  expired, 
may  be  convicted  for  a sale  of  liquor  by  his  clerk  without  his  knowledge, 
against  his  orders  and  in  his  absence,  though  he  reprimanded  the  clerk  and 
endeavored  to  rescind  the  sale.  Teasdale  v.  State,  3,  So.,  245. 

A sentence  to  pay  a fine  of  two  hundred  dollars  and  to  be  imprisoned 
in  the  county  jail  ttiree  months,  on  conviction  of  a violation  of  the  local 
option  act  is  not  excessive.  Haynes  v.  State,  23,  So.,  182. 

Where  liquor  is  delivered  to  the  purchaser  of  a ticket  entitling  him  to 
a certain  quantity  thereof,  and  so  arrang:ed  that  as  each  bottle  was  delivered 
a punch  hole  was  made  to  show  that  fact,  a sale  of  liquor  is  made,  although 
the  money  was  paid  by  the  purchaser  when  he  received  the  ticket.  Harper 
V.  State,  85  Miss.,  338. 

A person  cannot  excuse  himself  from  the  operation  of  a penal  statute 
by  showing  that  he  acted  as  the  agent  of  another.  Kliffield  v.  State,  4 
How.,  304. 

It  is  unnecessary  for  the  seller  to  actually  believe  that  the  buyer 
was  intoxicated;  it  is  sufficient  if  the  purchaser  had  good  reason  to  be- 
lieve it.  Whitton  v.  State,  37  Miss.,  379. 

The  principal  whose  clerk  or  agent  sells  liquors  to  an  infant  is 
subject  to  the  penalty.  Fahey  v.  State,  62  Miss.,  402. 

The  owner  or  person  interested  in  the  liquor,  where  the  sale  is  by 
another,  does  not  incur  the  penalty  of  section  1758,  but  of  section  1746. 
Fahey  case  supra. 

It  is  not  a defense  to  show  that  the  infant  was  the  agent  of  an 
undisclosed  principal.  Eitcher  v.  State,  63  Miss.,  304. 

Knowledge  by  the  seller  that  the  buyer  is  a minor  is  not  an  element 
of  the  offense.  O’Flinn  v.  State,  66  Miss.,  7. 

Where  the  minor  obtains  the  liquor  from  a dealer,  as  the  agent 
of  an  adult,  for  whom  and  with  whose  money  he  procufes  it,  and  to 
whom  he  takes  it,  and  the  dealer  is  so  informed  at  the  time  it  is  gotten, 
the  sale  is  to  the  adult  and  not  to  the  minor.  Monoghan  v.  State,  66  Miss., 
513. 

Knowledge  is  not  of  the  essence  of  the  offense  making  it  unlawful 
to  procure  intoxicants  for  one  in  the  habit  of  becoming  intoxicated.  Jen- 
kins V.  State,  82  Miss.,  500. 

Averments  in  the  indictment  that  the  accused  was  not  the  parent 
or  guardian,  and  did  not  stand  in  loco  parentis  to  the  person  for  whom 
the  intoxicants  were  procured,  and  that  the  accused  knew  that  such  person 
was  in  the  habit  of  becoming  intoxicated,  are  surplusage  and  need  not 
be  proven.  Ib. 


152 


It  is  unnecessary  to  prove  that  the  defendant  actually  delivered  the 
intoxicants  to  the  inebriate,  since  one  can  procure  an  article  for  another 
without  making  the  actual  delivery.  Ib. 

A general  charge  of  violating  a penal  statute  is  not  sufficiently  certain 
to  warrant  a conviction.  Kliffield  v.  State,  4 How.,  304. 

It  is  unnecessary  to  aver  the  name  of  the  buyer.  Eiley  v.  State, 
43  Miss.,  397 ; Lea  v.  State,  64  Miss.,  201. 

An  indictment  is  not  as  bad  as  being  double  because  it  charges  in 
the  same  count  the  unlawful  sale  of  ‘‘vinous  and  spirituous  liquors.’' 
Lea  V.  State,  supra. 

NOTK.  The  effect  of  Sec.  1762  Code  of  1906  is  to  make  irrelevant 
rulings  by  the  Supreme  Court  made  under  the  corresponding  section  of 
the  Code  of  1892  (1596) ; in  such  cases  for  instance  as  Naul  v.  McComb 
City,  70  Miss.,  699;  and  Ware  v.  State,  71  Miss.,  204. 

Proof  of  sale  by  another  constitutes  presumptive  evidence  that  the 
owner  connived  thereat,  if  he  failed  to  give  information  thereof  to  some 
conservator  of  the  peace.  Carroll  v.  State,  80  Miss.,  349. 

On  the  trial  of  a store-keeper  for  conniving  at  a sale  by  his  clerk, 
it  being  shown  that  the  clerk  sold  what  appeared  to  be  whiskey,  evidence 
that  the  clerk  besought  a witness  to  withhold  the  transaction  from  the 
grand  jury  is  admissable,  as  it  tends  to  show  that  the  liquor  sold  was 
whiskey,  although  the  sale  did  not  occur  in  the  presence  or  hearing  of 
defendant.  Ib. 

Billiard  playing  may  be  shown  by  evidence  to  be  a game  not  of 
chance  but  of  skill;  and,  if  it  be  so  shown,  it  is  not  prohibited  “on  his 
premises”  (but  now  prohibited  in  the  dramshop).  Wortham  v.  State  59 
Miss.,  179. 

Judicial  notice  will  be  taken  of  the  result  of  local  option  elections. 
(1790  Code  1906.) 

74.  Escapes;  provisions  respecting. 

(1157  ) If  any  person  by  any  means  whatever  shall 

aid  or  assist  any  prisoner  lawfully  committed  to  the  city  prison, 
or  to  the  ooimt}^  jail,  or  to  the  custody  of  the  City  Marshal 
or  other  officer  of  the  city,  to  escape,  or  attempt  to  aid  or  assist 
such  person  so  to  escape,  whether  such  escape  be  effected  or 
not,  or  who  shall  convey  into  such  prison  or  place  of  confine- 
ment any  disguise,  arm,  or  other  thing  useful  to  facilitate  the 
escape  of  any  prisoner  so  committed,  whether  such  escape  be 
attempted  or  effected  or  not,  shall  upon  conviction  be  fined 
not  more  than  one  hundred  dollars,  or  be  imprisoned  not 
more  than  one  month,  or  both. 

75.  the  same  ^ penalty. 

If  any  person  lawfully  confined  in  the  city  work  house,  or 
on  the  city  chain  gang,  or  in  any  other  place  provided  for  the 
detention  of  city  prisoners,  shall  effect  his  escape  therefrom, 
he  shall,  on  conviction,  be  fined  in  double  the  sum  for  which 
he  was  yet  liable  to  the  city  for  previous  fine  unpaid,  or  be 
imprisoned  for  double  the  length  of  time  he  had  yet  to  serve 
on  an  unexpired  sentence,  or  both.  But  in  no  event  shall  said 


153 


fine  exceed  one  hundred  dollars,  or  said  imprisonment  exceed 
one  month. 

76.  the  same;  escape  before  trial. 

If  any  person  lawfully  in  custody  of  any  officer  of  the 
city  charged  with  an  offense,  or  lawfully  committed  to  the 
city  work  house  or  other  place  of  detention  awaiting  trial  there- 
for, shall  escape  from  said  officer  or  from  said  place  of  deten- 
tion, he  shall,  on  conviction,  be  fined  not  more  than  one  hun- 
dred dollars  or  be  imprisoned  not  more  than  one  month,  or 
both. 

77.  Fire  district  defined. 

The  fire  district  of  the  City  of  Vicksburg  shall  be  con- 
stituted and  bounded  as  follows:  Commencing  on  North 
Washington  Street  at  the  intersection  of  First  East  Street, 
thence  extending  east  one  hundred  and  fifty  feet  (150)  along 
First  East  Street,  thence  in  a southerly  direction  to  Jackson 
Street,  thence  east  to  Walnut  street,  thence  in  a southerly 
direction  along  Walnut  Street  to  South  Madison  Street, 
thence  west  along  South  Madison  Street  to  Castle  Street, 
thence  south  along  Castle  Street  to  Bridge  Street,,  thence 
west  along  Bridge  Street  to  Washington  Street,  thence  north 
along  Washington  Street  to  South  Madison  Street,  thence 
west  along  South  Madison  Street  to  Mulberry  Street,  thence 
north  along  Mulberry  street  to  the  foot  of  Grove  street, 
thence  along  the  river  front  to  First  East  Street,  thence  east 
along  First  East  Street  to  the  point  of  beginning. 

78.  the  same;  how  buildings  erected  in. 

No  building  of  any  description  shall  hereafter  be  construct- 
ed or  erected,  or  addition  or  extension  made  to  one  already 
erected,  or  constructed,  within  the  limits  of  the  said  fire  dis- 
trict, except  of  stone  or  brick,  with  slate  or  metal  roof. 

79.  the  same;  plans  filed,  permit  required. 

No  building  shall  hereafter  be  constructed  or  erected  with- 
in said  fire  district  until  the  party  or  parties  desiring  to  erect 
the  same  shall  have  first  filed  in  the  office  of  the  City  Clerk 
general  plans  and  specifications  of  the  building,  and  obtained 
from  the  Mayor  and  Aldermen  in  se.ssion  assembled,  permis- 
sion and  authority  to  so  build  and  erect  the  same. 

80.  the  same;  how  frame  building  rebuilt  in. 

Should  any  frame  building  within  the  fire  district  of 
said  city  be  hereafter  destroyed  by  fire,  it  shall  not  be  rebuilt 


154 


except  as  prescribed  in  section  78  of  this  ordinance,  un- 
less at  least  two  thirds  thereof,  or  more,  shall  be  left  intact 
and  in  good  condition,  in  which  case  it  may  be  rebuilt  in  wood 
after  plans  and  specifications  have  been  filed  in  the  City 
Clerk’s  office,  and  the  permission  of  the  Mayor  and  Aldermen, 
shall  have  been  obtained,  as  in  section  79  hereof,  and  in  no 
case  without  providing  for  a slate  or  metal  roof. 

81.  the  same;  engines  and  boilers  in. 

No  person  shall  set  up  or  erect  any  engine  or  boiler  within 
said  fire  district  until  he  shall  have  first  obtained  the  authori- 
ty so  to  do  in  the  manner  prescribed  in  section  79  hereof. 

82.  the  same;  wooden  awnings  in. 

No  wooden  or  metal  awning  ot  any  kind  shall  be  placed 
in  front  of  any  building  on  either  side  of  Washington  Street 
within  said  fire  district. 

83.  the  same;  penalties  for  violation. 

Any  person  violating  the  provisions  of  sections  78,  79,  80, 
81  or  82  of  this  ordinance  shall  on  conviction  be  fined  not  more 
than  one  hundred  dollars,  or  imprisoned  not  more  than  30 
days  or  both. 

84.  the  same;  certain  combustibles  not  to  be  stored  in. 

It  shall  be  unlaAvful  for  any  person  to  store,  or  cause 
or  suffer  or  permit  to  be  kept,  within  the  fire  district  of  this 
city,  a quantity  greater  than  five  barrels  in  any  one  place,  of 
any  crude  petroleum  or  rock  oil,  or  any  camphene  or  burning 
fluid,  or  any  of  the  products  produced  by  the  distillation  of 
coal,  petroleum,  or  rock  oil,  asphaltum,  shale  or  peat,  known 
under  the  various  names  of  coal  oil,  petro  oil,  naptha,  gaso- 
line, kerosine,  benzine  or  benzole.  And  such  oils  or  like 
substances  shall  not  be  drawn  or  sold  by  any  artificial  light, 
except  electric  incandescent  lights. 

The  articles  herein  named  shall  not  be  stored  outside  of 
the  limits  herein  specified,  within  this  city,  unless  in  fire-proof 
buildings,  located  by  and  with  the  approval  of  the  Chief  of 
the  Fire  Department,  and  with  a sign  conspicuously  placed  on 
the  outside  thereof  designating  the  character  of  storage. 

Any  person  or  persons  guilty  of  a violation  of  this  section, 
in  letter  or  spirit,  shall  on  conviction  be  fined  not  more  than 
fifty  dollars  for  each  offense. 

85.  Fires;  general  building  ordinance. 

It  shall  be  unlawful  for  any  person  to  erect  or  cause  to 


3-55 


be  erected  within  the  corporate  limits  of  the  city  any  brick 
partition  wall  between  any  two  buildings  intended  for  the  sup- 
port of  sleepers  for  said  buildings  unless  said  wall  shall  be  full 
thirteen  inches  thick,  and  said  sleepers  be  laid  thereon  so  as  to 
avoid  those  of  other  buildings  from  resting  upon  or  against 
those  of  the  other. 

Any  owner,  master-builder,  or  contractor  who  shall  viola^te 
the  provisions  of  ttiis  section  sliall  on  conviction  be  lined 
not  more  than  one  hundred  dollars  for  each  offense.  It  shall 
be  the  duty  of  the  City  Marshal  and  the  Chief  of  the  Fire 
Department  to  inspect  partition  walls,  and  to  see  that  this 
provision  is  obeyed. 

86.  Fire;  storage  of  gunpowder,  and  other  like  material. 

It  shall  not  be  lawful  to  erect  keep  or  maintain  any  maga- 
zine for  the  storage  of  gunpowder,  dynamite,  or  other  dan- 
gerous and  explosive  substance,  within  the  limits  of  the  city. 

No  merchant  or  other  person  shall  keep  on  hand  or  in 
his  store,  or  on  his  premises  within  the  city,  more  than  fifty 
pounds  of  gunpowder  at  any  one  time,  and  not  exceeding  twen- 
ty five  pounds  over  night ; and  this  quantity  shall  be  kept  in  a 
safe  and  secure  box  or  canister  completely  closed. 

No  person  shall  send  to  or  deliver  within  this  city  any 
gunpowder  or  other  like  explosive  concealed  within  any  box  or 
barrel,  or  in  any  other  manner  purporting  to  be  any  other 
article.  Any  person  violating  this  section  shall  upon  con- 
viction be  fined  not  more  than  one  hundred  dollars. 

87.  Fires ; provisions  for  prevention  of. 

(a)  It  shall  be  unlawful  for  any  person  to  place  and  let 
remain  in  any  box,  barrel  or  otherwise  in  any  building,  street, 
alleyw^ay  or  yard  within  the  city  limits  longer  than  six  hours 
any  straw,  hay,  paper  or  other  combustible  matter. 

(b)  It  shall  be  unlawful  for  any  person  to  place  or  keep 
within  any  building  in  the  city  of  Vicksburg  any  ashes  in  a box 
or  other  receptacle  made  of  wood  unless  the  same  be  imme- 
diately removed  from  said  building,  and  from  contact  with 
such  building. 

It  shall  be  unlawful  for  any  person  to  willingly  burn  out 
any  chimney  or  stove-pipe. 

(c)  It  shall  be  unlawful  for  any  owner,  lessee  or  occupant 
of  any  house  or  tenement  in  the  City  of  Vicksburg  to  keep 
or  maintain  any  chimney  or  stove  pipe  in  such  condition  as  to 
be  dangerous,  unsafe,  or  the  probable  source  of  fire,  and  to 
fail  to  repair  or  remedy  the  same  within  twelve  hours  after 


156 


notice  from  the  Chief  of  the  Fire  Department,  or  any  police 
officer. 

(d)  All  owners  or  occcupants  of  buildings  within  this 
city  are  required  to  permit  the  Chief  of  the  Fire  Department, 
or  any  member  thereof  designated  by  him,  or  member  of  the 
]3olice  force,  to  inspect  their  buildings  and  premises  to  see  that 
this  section  is  being  complied  Avith.  Any  person  violating  the 
provisions  of  this  section  shall  upon  conviction  be  fined  not 
more  than  fifty  dollars. 

88.  Fire  Alarm  System;  offenses  respecting. 

If  any  person  shall  cut,  break,  tear  down,  or  otherwise 
injure  or  destroy  any  of  the  Avires  or  other  property  connected 
Avith  the  fire  alarm  system  in  the  City  of  Vicksburg  he  shall  on 
conviction  be  fined  not  more  than  one  hundred  dollars,  or  be  im- 
prisoned not  exceeding  one  month,  or  both. 

89.  Fire  Department;  interfering  with. 

If  any  person  shall  interfere  Avith  the  Chief  of  the  Fire 
Department,  or  Avitli  any  fireman,  in  the  discharge  of  his  duty, 
or  shall  unlawfully  loiter  or  loaf  around  any  engine  house,  or 
shall  meddle  with  any  of  the  engines,  hose  or  apparatus  in  or 
about  such  engine  house  he  shall  upon  conviction  be  fined  not 
more  than  twenty  five  dollars. 

90.  Fire  Department;  driving  over  hose. 

If  any  driver  of  any  dray,  cart,  Avagon,  hack  or  other  vehi- 
cle, or  any  person  whatsoever  shall  wilfully  or  carelessly  drive 
over  any  hose,  or  run  against  any  engine,  hose  carriage,  hook 
and  ladder  truck,  or  other  apparatus  belonging  to  the  fire  de- 
i>artment,  he  shall  on  conviction  thereof  be  fined  not  more 
than  one  hundred  dollars. 

91.  Fire  Department;  obstructing. 

If  any  person  shall  knoAvingly  leave  any  vehicle  standing 
in  any  street  or  thoroughfare  through  Avhich  the  engines  or 
apparatus  of  the  fire  department  must  pass  on  the  way  to 
fires,  or  refuse  to  clear  the  same,  he  shall  on  conviction  be 
fined  not  more  than  tAA^enty  five  dollars. 

92.  Fire  Department;  false  alarm,  penalty. 

It  shall  be  unlawful  for  any  person  knowingly,  wilfully  or 
mischievously  to  make  or  cause  to  be  made  any  false  alarm 
of  fire.  Any  person  violating  this  section  shall  on  conviction, 
be  fined  not  more  than  fifty  dollars. 


157 


93.  the  same;  to  protect  public  cisterns. 

It  shall  be  unlawful  for  any  person  to  use  water  out  of  a 
public  cistern  or  cause  the  same  to  be  clone  for  any  other  pur- 
pose than  the  extinguishment  of  fire,  or  to  throw  into  such  cis- 
tern any  substances  whatever,  or  to  injure  or  deface  any  part 
of  such  cistern  or  the  covers  thereof.  Any  person  violating  this 
section  shall  upon  conviction,  be  fined  not  more  than  ten  dol- 
lars. 


94.  Discharging  Fire  Works;  penalty. 

It  shall  be  unlawful  to  discharge  fireworks  of  any  kind 
in  the  City  of  Vicksburg  at  any  time,  except  as  follows:  In 
that  part  of  the  city  lying  east  of  Monroe  iStreet,  and  east  of 
Washington  Street  south  of  Belmont  Street,  for  and  during 
the  period  from  December  24th  to  January  1st,  inclusive. 

If  any  person  shall  violate  this  section  he  shall  on  convic- 
tion be  fined  not  more  than  ten  dollars  for  each  offense. 

95.  the  same;  cannon  crackers  prohibited. 

It  shall  be  unlawful  for  any  merchant,  trader  or  other 
person  to  import  or  bring  into  the  City  ot  Vicksburg  for  sale, 
or  to  sell  or  offer  or  expose  for  sale,  or  to  fire,  set  off,  or 
explode  within  the  city  limits,  fire  crackers  known  as  cannon 
fire  crackers.  The  term  “cannon  fire  crackers”  shall  include 
all  fire  crackers  more  than  two  inches  in  length,  and  more 
than  one  half  inch  in  diameter.  Any  person  violating  this 
section  shall  upon  conviction  be  fined  not  more  than  twenty 
five  dollars. 

96.  Fire  Department;  police  powers  granted  to  chief  of. 

Full  police  powers  and  rights  are  hereby  conferred  upon 
the  Chief  of  the  Fire  Department  of  the  City  ot  Vicksburg. 

97.  Fighting  on  Streets ; using  weapons,  penalties. 

1119  ) If  any  person  shall  be  guilty  of  fighting 

upon  any  of  the  public  streets  of  this  city,  or  in  any  other 
public  place,  and  in  such  fight  shall  use  any  rifle,  shotgun, 
sword,  sword-cane,  pistol,  dirk,  bowie-knife,  dirk-knife,  brass 
or  metallic  knucks,  slung-shot  or  any  other  deadly  weapon, 
or  if  any  person  shall  be  a second  or  aid  in  such  fight,  the 
person  so  offending  shall  be  fined  not  more  than  one  hundred 
dollars,  or  shall  be  imprisoned  not  more  than  one  month,  or 
both. 

The  section  is  designed  to  punish  fighting  willingly  on  a public  place. 
It  is  part  of  the  legislation  against  dueling.  It  does  not  deprive  one  of  the 
right  to  defend  himself  by  repelling  an  attack.  Hunter  v.  State,  62  Miss., 
540. 


158 


98.  Fire  Arms,  Pointing;  penalty. 

Any  ^person  who  shall  intentionally  point  or  aim  any  gun, 
pistol  or  tire  arm  at  or  towards  another,  except  in  self-defense 
or  in  lawful  discharge  of  official  duty,  shall  on  conviction  be 
fined  not  more  than  one  hundred  dollars,  or  be  imprisoned 
not  more  than  one  month,  or  both.  In  prosecutions  under  this 
section  it  shall  not  be  necessary  for  the  affidavit  to  aver,  or 
for  the  prosecutor  to  prove  at  the  trial,  that  aiiy  gun,  pistol  or 
other  fire  arm,  was  charged,  loaded,  or  in  a condition  to  be 
discharged. 

99.  Gaming  Prohibited;  penalties. 

(1203  ) If  any  person  shall  encourage,  promote,  or 

play  at  any  game,  play,  or  amusement  for  money  or  other 
valuable  thing,  or  shall  wager  or  bet,  promote,  or  encourage 
the  wagering  or  betting  of  any  money  or  other  valuable  thing 
u23on  any  game,  play,  amusement,  cock-fight,  or  upon  the  re- 
sult of  any  election,  event  or  contingency  whatever,  he  shall 
upon  conviction  thereof  be  fined  not  more  than  one  hundred 
dollars,  or  be  imprisoned  not  more  than  one  month,  or  both. 

It  is  unnecessary  to  set  out  in  the  indictment  the  names  of  the  game 
of  cards  played.  Johnson  v.  State,  7 S.  & M.,  58. 

If  a party  be  indicted  for  betting  on  an  election,  it  is  no  defense 
that  he  made  the  bet  only  through  an  agent ; and  the  result  of  a presidential 
election  may  be  proved  by  parole.  Williams  v.  State,  12  S.  & M.,  58. 

In  an  indictment  for  betting  on  a presidential  election,  it  is  unnecesary 
to  aver  that  the  election  was  held.  The  election  is  provided  for  by  public 
law,  and  the  event  is  sufficiently  certain.  Cain  v.  State,  13  S.  & M.,  456. 

An  indictment  charging  the  betting  of  money  is  not  sustained  by 
proof  of  the  betting  of  U.  S.  treasury  warrants,  “such  as  were  in  circula- 
tion in  1844.’^  Williams  v.  State,  12,  S.  & M.,  58. 

The  statutes  against  gambling  are  remedial  and  not  penal,  and  hence, 
are  not  to  be  strictly  construed.  Seal  v.  State,  13  S.  & M.’,  286;  Cain  v.  State, 
13,  S.  & M.^  456. 

An  agreement  between  two  persons  to  make  a gift,  one  to  the  other 
of  a particular  kind  of  article,  which  one  to  be  donor  and  which  one  to 
be  donee  being  left  to  depend  upon  the  result  of  an  election,  is  a bet.  Cain 
V.  State,  13  S.  &M.,  456. 

To  bet  on  the  result  of  an  election  in  another  state  is  indictable. 
Sharkey  v.  State,  33  Miss.,  353. 

To  bet  upon  the  unknown  result  of  an  election,  made  after  the  elec- 
tion is  held,  is  indictable.  Miller  v.  State,  33  Miss.,  356;  Terrall  v.  Adams, 
23  Miss.,  570. 

It  is  not  within  the  statute  for  the  loser  at  a game  of  billiards  to  pay, 
by  agreement  of  the  parties,  the  fee  'due  for  the  use  of  the  table.  Blewett 
V.  State,  34  Miss.,  606. 

An  indictment  charjjing  a bet  on  the  result  of  an  election  in  a par- 
ticular state  for  presidential  electors  is  not  sustained  by  proof  of  a bet  on 
the  result  of  an  election  in  the  state  for  president.  The  election  of  electors 
is  distinct  from  the  election  of  prsident.  Gamble  v.  State,  35  Miss.,  222. 


159 


If  the  indictment  charge  that  the  accused  played  ‘‘for  money, ’’  it 
must  be  shown  that  he  w’as  either  directly  or  indirectly  interested  in  the 
money  wagered,  or  he  cannot  be  convicted.  Strawhorn  v.  State,  37  Miss., 
422. 

Under  an  indictment  charging  that  several  persons  “unlawfully  did 
play— for  money,’’  etc.,  either  may  be  convicted  for  playing  with  any  per- 
son. Such  an  indictment  charges  a separate  offense  against  each.  Lea  v. 
State,  64  Miss.,  294. 

100.  the  same;  exhibiting  games,  penalty. 

(1205  ) If  any  person  shall  be  giiilt}^  of  keeping 

or  exhibiting  any  game  or  gaining  table  commonly  called  A. 
B.  C.  or  E.  O.,  roulette  or  rowley-powley,  or  rouge-et-noir, 
rondo,  pool,  keno,  monte,  or  any  faro  bank  or  crap  table,  or 
other  game,  gaming-table  or  bank  of  the  same  or  like  kind, 
or  any  other  kind  or  description  under  any  other  name  what- 
ever, or  shall  be  in  any  manner,  either  directly  or  indirectly, 
interested  or  concerned  in  any  gaming-tables,  banks  or  games, 
either  by  furnishing  money  or  articles  for  the  purpose  ol  carry- 
ing on  the  same,  being  interested  in  the  loss  or  gain  of  said 
tables,  banks  or  games,  or  employed  in  any  manner  in  conduct- 
ing carrying  on  or  exhibiting  said  gaming  tables,  games  or 
banks  he  shall  upon  conviction  be  fined  not  more  than  one 
hundred  dollars,  or  be  imprisoned  not  more  than  one  month, 
or  both. 

Underthis  section  the  mere  act  of  keeping  and  exliibiting  a gaming 
table  is  not  a crime  j the  unlawful  purpose  pf  keeping  the  table  must  be 
shown;  there  must  be  facts  which  make  the  keeping  or  exhibiting  unlawful. 
Eawls  V.  State,  70  Miss.,  739. 

Playing  poker  with  a three,  five  and  ten  cent  limit  is  gambling  to  the 
same  extent  as  if  the  stakes  were  larger.  Ford  v.  State,  86  Miss.,  123. 

Evidence  examined  and  held  to  show  that  defendant  was  the  lessee 
and  occupant  of  the  room  in  which  gambling  was  conducted.  Ib. 

An  indictment  under  this  section  held  not  demurrable  because  it 
improperly  charged  the  offense  as  having  been  “feloniously”  committed. 
Blister  v.  State,  86  Miss.,  461. 

An  indictment  under  this  section  which  merely  charged  that  defendant 
“was  interested  in  a gaming  table”  is  fatally  defective  in  that  it  fails  to 
charge  that  he  was  interested  in  the  loss  or  gain  of  the  table  as  required  by 
the  statute.  Brazele  v.  State,  86  Miss.,  286. 

101.  the  same;  owner  or  lessee  or  occupant  permitting. 

(1208  ) If  any  owner  lessee  or  occupant  of  any 

outhouse  or  other  building  shall  knowingly  permit  or  suffer 
any  of  the  before-mentioned  tables,  banks,  or  games,  or  any 
other  game  prohibited  by  law,  to  bo  carried  on,  kept  or  exhi- 
bited in  his  said  house  or  other  building,  or  on  his  lot  or  prem- 
ises, upon  conviction  he  shall  be  fined  not  more  than  one  hun- 
dred dollars,  or  be  imprisoned  not  more  than  one  month,  or 
both. 


160 


The  lessee  of  a building  who  has  assigned  his  term  as  to  a portion 
thereof,  and  retains  no  control  over  such  portion,  cannot  be  held  guilty 
under  the  section,  if  his  assignee,  even  with  his  knowledge,  permit  games  to 
be  carried  on  in  such  portion,  in  violation  of  the  section.  Diebel  v.  State, 
68  Miss.,  725.  Distinguishing  Mount  v.  State,  7 S.  & M.,  277. 

102.  the  same;  moneys  exhibited  forfeited. 

(1209  ) All  moneys  exhibited  for  the  purpose  of 

betting  or  alluring  persons  to  bet  at  any  game,  and  all  moneys 
staked  or  betted,  shall  be  liable  to  seizure  by  the  City  Marshal, 
or  any  lawful  officer  of  the  city,  together  with  all  appliances 
used  or  kept  for  use  in  gambling,  or  by  any  other  person;  and 
all  appliances  seized  shall  be  destroyed. 

103.  Futures; dealing  in  forbidden. 

(1201  ) If  any  person  shall  deal  in  contracts  com- 

monly called  “futures,”  or  shall  by  himself  or  his  agent,  direct- 
ly, or  indirectly  buy  or  sell  any  “future”  contract,  he  shall  be 
guilty  of  a misdemeanor,  and  on  conviction  shall  be  fined  not 
more  than  one  hundred  dollars,  or  be  imprisoned  not  more  than 
one  month,  or  both. 

104.  the  same. 

( 1202  ) If  any  person  shall  buy  or  sell  commodities 

of  any  kind,  to  be  delivered  at  a future  day,  without  agreeing 
and  intending  that  the  commodities  are  to  be  actually  delivered 
in  kind,  and  the  price  paid,  he  shall  be  guilty  of  a misdemeanor, 
and  on  conviction  shall  be  punished  as  in  the  last  preceding 
section. 

105.  Clubs  not  to  have  interest  in  gaming. 

(1206  ) It  shall  not  be  lawful  for  any  association  of 

persons  of  the  character  commonly  known  as  a “club,”  whether 
such  association  be  incorporated  or  not,  in  any  manner,  either 
directly  or  indirectly,  to  have  any  interest  or  concern  in  any 
gambling  tables,  banks,  or  games,  by  means  of  what  is  some- 
times called  a “rake-off”  or  “take-out”,  or  by  means  of  any 
assessment  upon  certain  combinations,  or  hands  at  cards  or  by 
means  of  a percentage  exacted  from  players,  or  an  assessment 
made  upon,  or  a contribution  from  them,  or  by  any  other 
means,  device  or  contrivance  whatsoever.  It  shall  not  be  law- 
ful for  such  an  association  to  lend  or  advance  money  or  any 
other  valuable  thing  to  any  person  engaged  or  about  to  engage 
in  playing  any  game  of  chance  prohibited  b law,  or  to  become 
responsible  directly  or  indirectly  for  any  money  or  other  val- 
uable thing  lost,  or  which  may  be  lost,  by  any  player  in  any 
such  game. 

If  any  such  association  shall  violate  any  of  the  provisions 


IGl 


of  this  section,  each  and  every  member  thereof  shall  be  guilty 
of  a misdemeanor  and  upon  conviction  thereof  shall  be  fined 
not  more  than  one  hundred  dollars. 

.106.  Hacks  and  Public  Vehicles. 

Xo  hack,  dray,  wagon,  cart  or  other  vehicle  or  wheeled  car- 
riage, shall  be  employed  in  carrying,  hauling  or  conveying  per- 
sons or  things  from  any  part  of  the  City  of  Vicksburg  to  an- 
other part  thereof,  for  hire  or  reward,  unless  the  owner  thereof 
shall  have  first  j^aid  the  license  or  privilege  required  by  exist- 
ing ordinances,  and  given  bond  as  required  by  law  ; and  at  the 
time  of  issuing  the  license  the  number  of  said  vehicle  shall  be 
furnished  by  the  City  Assessor  to  the  person  so  applying  for 
license,  which  number  shall  be  affixed  to  said  vehicle  in  some 
conspicuous  place  and  shall  remain  thereon  during  the  year  for 
which  such  license  was  issued  and  the  same  number  shall  be 
painted  on  each  of  the  lamps  of  said  hack.  Any  person  or  per- 
sons violating  this  section  shall  on  conviction,  he  fined  not  more 
than  twenty-five  dollars ; and  each  day  such  violation  continues 
shall  constitute  a distinct  and  separate  offense. 

107.  the  same;  bond  required,  form  of. 

Before  a license  shall  be  granted  to  any  person  to  run  a 
dray,  cab,  wagon,  or  other  vehicle  within  said  city,  such  person 
shall  enter  into  bond  with  security  to  be  approved  by  the  City 
Clerk,  with  the  Mayor  and  Board  of  Aldermen  of  said  city  and 
their  successors  in  office,  which  shall  be  in  form  and  condition 
as  follows  to-wit : 

“State  of  Mississippi, 

Countv  of  Warren, 

City  of  Vicksburg. 

Know  all  men  by  these  presents  that  we 

, principal,  and  and  , 

sureties,  all  of  the  city,  county  and  state  aforesaid,  are  held 
and  firmly  bound  unto  the  Mayor  and  Board  of  Aldermen  of 
the  City  of  Vicksburg  and  their  successors  in  office  in  the  sum 
of  five  hundred  dollars,  for  the  pajunent  of  which  well  and 
truly  to  be  made,  we  bind  ourselves,  our  heirs,  and  executors 
and  administrators,  jointly  and  severally,  firmly  by  these  pres- 
ents. 

Witness  our  hands  and  seals  this  day  of 

The  condition  of  the  above  obligation  is  such  that  whereas,  the 
above  bound  , princi})al,  has  this  day  applied 

for  and  taken  a city  license  granting  to  him,  the  said 

, the  privilege  within  the  city  limits  to  run  one 

11-City 


162 


No.  j for  twelve  months  from  this  date: 

Now  if  the  said  , principal,  shall  well  and 

truly  perform  and  discharge  the  duties  incumbent  on  a com- 
mon carrier,  in  a speedy  as  well  as  a safe  delivery  of  all  man- 
ner of  goods,  merchandise,  etc.,  committed  to  his  charge,  and 
fully  and  faithfully  comply  wdth  the  city  laws  and  ordinances 
now  in  force,  as  well  as  those  which  may  hereafter  be  passed 
by  the  Board  of  Mayor  and  Aldermen,  regulating  drays,  carts, 
wagons,  etc.,  then  this  obligation  to  be  void;  otherwise  to  re- 
main in  full  force  and  virtue. 

This  section  shall  not  apply  to  merchants  who  use  their 
own  drays  exclusively  for  hauling  their  own  goods,  wares,  and 
merchandise,  etc. 

108.  the  same;  rates  to  he  charged. 

The  rates  of  fare  allowed  to  be  charged  for  the  transporta- 
tion of  passengers  by  hacks  cabs  and  carriages,  or  other  public 
conveyances  for  passengers  within  said  city  shall  be: 


For  each  passenger  within  the  limits  of  the  city $ 50 

For  a public  conveyance  engaged  by  the  hour,  first  hour.  2.00 
Every  other  hour  1.00 


For  the  conveyance  of  passengers  after  uine  o’clock  p.m. 
and  before  daylight  within  said  city,  double  the  above  rates. 

F or  services  to  graveyard  and  back  upon  funeral  occasions, 
for  the  trip,  with  four  or  less  persons $4.00 

109.  the  same;  penalty  for  over-charge. 

If  any  owner  or  driver  of  any  public  conveyance  in  said 
city  shall  receive  or  demand  any  greater  fare  for  the  use  of  his 
conveyance  than  the  legal  rates  herein  prescribed,  he  shall  on 
conviction  be  fined  not  more  than  twenty-five  dollars. 

110.  the  same;  rate  cards  printed  and  displayed. 

The  City  Clerk  is  hereby  authorized  to  cause  cards  to  be 
struck  off  and  printed  presenting  the  rates  prescribed  by  this 
ordinance,  and  to  furnish  one  of  said  cards  to  each  carriage, 
cab,  hack,  or  other  public  conveyance  for  passengers  in  said 
city,  and  every  owner  or  driver  of  such  conveyance  shall  place 
and  keep  said  card  in  some  conspicuous  place  inside  his  con- 
veyance for  public  inspection.  If  the  owner  of  any  hack,  car- 
riage, cab  or  other  public  conveyance,  or  the  driver  or  person 
in  charge  thereof,  shall  fail  or  refuse  to  keep  said  card  plainly 
exposed  within  his  said  conveyance,  he  shall  upon  conviction  be 
fined  for  each  such  failure  the  sum  of  ten  dollars. 


111.  the  same;  lights  to  be  exhibited;  penalty. 

The  owner,  driver,  or  person  in  control  of  any  hack,  cab, 
carriage  or  other  public  vehicle  of  like  kind,  whenever  the 
same  is  employed  alter  dark,  shall  keep  two  lights  exhibited 
in  front,  one  on  each  side  of  the  driver,  and  for  any  failure 
or  neglect  so  to  do,  he  shall  on  conviction  be  fined  not  more 
than  twenty-five  dollars. 

112.  the  same;  carrying  disorderly  persons. 

If  any  owner,  driver,  or  person  in  control  of  any  hack, 
cab,  carriage  or  other  public  vehicle  of  like  kind  plying  in 
this  city,  shall  have  within  his  vehicle  any  person  who  is,  may 
be,  or  continues  to  violate  the  ordinances  of  this  city  in  refer- 
ence to  the  public  peace,  or  who  shall  behave  in  a disorderly 
manner  during  such  occupancy  of  his  vehicle,  and  said  owner, 
driver  or  person  in  control  of  said  vehicle  shall  not  immediate- 
ly eject  him,  or  deliver  him  to  the  police,  said  owner,  driver, 
or  person  in  control  of  said  vehicle  shall  upon  conviction  be 
fined  not  more  than  one  hundred  dollars,  or  be  imprisoned 
not  more  than  one  month,  or  both. 

113.  Board  of  Health;  of  whom  composed. 

The  Board  of  Health  shall  be  composed  of  the  Mayor, 
the  President  of  the  Board  of  Mayor  and  Aldermen,  the  Chair- 
man and  members  of  the  Sanitary  Committee,  the  Chairman 
of  the  Street  Committee,  the  President  of  the  Warren  County 
Medical  Association,  and  the  City  Physician,  all  of  whom  are 
hereby  made  ex-officio  members  of  the  Board  of  Health. 

114.  the  same;  meetings. 

The  Board  of  Health  shall  hold  its  meetings  when  re- 
quired by  a call  of  the  Mayor,  or  the  President  of  the  Board, 
or  by  any  three  members  thereof,  and  at  such  times  as  may,  in 
the  opinion  of  the  Board,  be  proper.  The  Mayor,  and  in  his 
absence,  the  President  of  the  Board,  and  in  the  absence  of  both, 
a person  elected  by  the  Board,  shall  be  the  presiding  officer 
at  such  meetings,  and  the  City  Physician  shall  act  as  secretary 
thereof  and  keep  the  minutes  of  its  proceedings.  Any  three 
members  of  the  Board  of  Health,  with  the  presiding  officer, 
.shall  constitute  a quorum. 

115.  the  same;  general  powers. 

It  shall  be  the  duty  of  the  Board  of  Health  to  see 
that  all  health  and  quarantine  ordinances  and  sanitary  laws 
heretofore  enacted  by  the  Board  of  Mayor  and  Aldermen, 
and  now  in  force,  or  which  may  hereafter  be  enacted,  are 


duly  respected  by  all  persons  and  corporations,  and  rigidly 
enforced  by  the  proper  officers  of  the  city.  Said  Board  shall 
exercise  a general  supervision  of  the  health  of  the  city, 
with  full  23ower  to  take  all  steps  and  use  all  measures  neces- 
sary to  promote  the  cleanliness  and  health  of  the  city ; to  abate 
nuisances  of  every  description  on  public  or  private  property; 
to  prevent  the  introduction  into  the  city  of  malignant  or 
contagious  or  infectious  diseases;  to  remove  or  otherwise 
dispose  of  any  jierson  attacked  by  such  disease,  and 
to  adopt  in  reference  to  such  matters  any  reasonable  regula- 
tions, restrictions,  or  measures  deemed  advisable.  It  shall 
have  power  to  make  such  contracts,  to  incur  such  expense, 
hire  such  guards  and  other  employes  as  it  may  deem  advisa- 
ble to  jDrotect  public  health. 

116.  the  same;  penalty  for  resisting  and  obstructing. 

If  any  person  shall  knowingly  obstruct  or  resist  the  Board 
of  Health  or  any  of  the  members  thereof  or  any  person  by 
them  appointed  in  the  execution  of  the  power  to  them  given, 
or  in  performance  of  duty  enjoined  on  them  by  this  or  any  ■ 
other  ordinance,  in  relation  to  public  health,  such  person  shall  . 
on  being  legally  convicted,  forfeit  and  pay  to  the  city  the  ; 
sum  of  not  more  than  fifty  dollars  for  each  offense.  i 

117.  the  same;  neglect  or  refusal  to  comply  with  orders  of.  , 

If  any  j^erson  or  persons  shall  refuse  or  Jieglect  to  comply  ? 

with  any  order  or  notice  of  the  Board  of  Health  authorized  ■ 
by  any  of  the  ordinances  of  the  City  of  Vicksburg  now  in  force  . 
or  that  may  be  hereafter  enacted,  where  no  penalty  is  especi- 
ally provided  for  such  neglect  or  refusal,  sucli  person  or  per-  , 
sons  shall,  upon  conviction,  be  fined  not  more  than  twenty  ; 
dollars  for  each  offense,  and  the  further  sum  of  five  dollars  j 
for  every  day  such  neglect  or  refusal  shall  continue.  | 

118.  the  same;  duties  of  City  Marshal,  nuisances  abated.  | 

The  City  Marshal  shall  be  the  chief  executive  officer  of  the  ^ 

Board  of  Health.  He  shall  execute  all  orders  of  the  Board 
directed  to  him,  attend  to  the  abatement  or  removal  of  all 
nuisances,  and  shall  perform  such  other  duties  in  relation  to 
nuisances  as  said  Board  of  Health  may  direct,  and  as  often 
and  in  such  manner  as  may  be  required  of  him  by  the  Board. 
He  shall  see  that  all  precepts  or  notices  issued  by  the  Board 
of  Health  are  promptly  and  properly  executed  by  himself,  or 
by  the  Deputy  City  Marshal,  or  by  the  members  of  the  police,-  ; 
force  whose  duty  it  is  hereby  made  to  serve  such  notices  and  j 
]>recepts.  All  notices  and  ])recepts  shall  be  signed  by  the  ■ 
Mayor,  or  President  of  the  Board,  or  by  the  City  Physician, 
and  attested  by  the  Clerk.  f 


1G5 


119.  the  same;  to  abate  nuisance. 

When  any  drain,  cellar,  vault,  lot,  building:,  house  or  resi- 
dence within  the  city,  shall  be  deemed  by  the  Board,  or  by  the 
Health  Officer,  to  be  in  an  uncleanly  or  unhealthy  condition, 
or  in  a state  of  nuisance,  or  so  situated  that  in  warm  unhealthy 
seasons  a nuisance  may  be  caused  thereb}^,  arid  the  health  of 
citizens  endangered  thereby,  it  shall  be  the  duty  of  said  Board 
to  cause  notice  to  be  given  to  the  owner  or  occupant  thereof, 
directing  him  or  her  to  have  said  drain,  cellar,  vault,  lot, 
building,  house  or  residence,  cleaned,  fumigated  and  disinfect- 
ed, and  to  have  the  nuisance  created  thereby  removed  or  abated 
in  manner  described  in  said  notice;  and  if  such  owner  or 
occupant  on  being  served  with  such  notice  shall  refuse  or 
neglect  to  comply  with  same,  he  or  she  so  refusing  or  neglect- 
ing, shall  forfeit  and  pay  in  the  first  instance  the  sum  of  ten 
dollars,  and  the  further  sum  of  ten  dollars  for  every  day  he 
or  she  shall  continue  to  neglect  or  refuse  to* comply  with  same; 
and  shall  moreover,  defray  the  expenses  incurred  in  case  such 
nuisance  or  cause  of  nuisance  shall  be  removed  under  the  au- 
thority and  by  the  direction  of  said  Board;  and  the  said 
Board  is  hereby  authorized,  in  the  event  said  notice  is  not 
complied  with,  to  enter  upon  said  premises  and  thoroughly 
clean  and  disinfect  the  same,  and  to  cause  such  nuisance  to 
be  removed  or  abated  at  the  expense  of  the  city  in  the  first 
instance,  to  be  satisfied  by  the  owner;  and  in  case  no  owner 
or  occupant  can  be  founcl  on  whom  to  serve  such  notice,  the 
said  Board  is  hereby  authorized  on  giving  five  days’  notice, 
or  in  case  of  imminent  danger,  tw^enty-four  hours  public  notice, 
in  newspaj)ers  published  in  said  city,  or  written  notice  posted 
upon  the  premises,  to  have  such  nuisance  or  cause  of  nuisance 
removed  or  abated  at  the  expense  of  the  city  in  the  first  in- 
stance, to  be  satisfied  by  the  owner.  Whenever  said  Board, 
or  any  member  or  officer  thereof,  shall  have  cause  to  suspect 
that  any  nuisance  exists  in  any  building,  cellar,  or  enclosure, 
the  said  Board  or  any  member  thereof,  may  demand  entry 
therein,  and  if  the  owner  or  occupant  shall  refuse  or  delay  to 
open  the  same  to  admit  a free  and  unimpeded  examination, 
he  or  she  shall  be  fined  for  each  such  refusal  or  delay,  a sum 
not  more  than  twenty  dollars.  Where  a nuisance  or  cause  of 
nuisance  is  removed  at  the  expense  of  the  city,  the  same  shall 
be  made  a charge  and  a lien  upon  the  property  from  whicli 
the  nuisance  has  been  removed  or  abated,  and  collected  with 
the  next  succeeding  taxes,  and  in  the  same  manner;  and  the 
Mayor  and  Aldermen  of  the  City  of  Vicksburg  shall,  in  ad- 
dition, have  a cause  of  action  against  the  person  to  whom 
the  j:)remises  belong,  and  may  sue  and  recover  the  same  in 
any  court  of  competent  jurisdiction. 


166 


120.  the  same;  physicians  to  report  fever. 

Whenever  the  Board  of  Health  may  deem  it  necessary  or 
expedient,  and  shall  so  require  by  resolution  legally  passed, 
and  published  in  some  newspaper  of  the  city,  it  shall  be  the 
duty  of  every  physician  practicing  his  profession  within  the 
corporate  limits  of  the  City  of  Vicksburg,  to  report  each  and 
every  case  of  fever  of  whatsoever  kind  or  nature  coming  with- 
in his  practice,  to  the  Board  of  Health  within  twenty- four 
hours  after  seeing  such  case,  giving  the  name  of  such  person, 
and  residence  of  the  same.  And  any  physician  violating  this 
section  may  upon  conviction  be  fined  not  more  than  one  hun- 
dred dollars. 

121.  the  same;  all  persons  to  report  fever. 

Whenever  the  Board  of  Health  may  deem  it  necessary  or 
expedient  and  shall  so  require  by  resolution  legally  passed, 
and  published  in  some  newspaper  of  the  city,  it  shall  be  the 
duty  of  every  person  to  report  each  and  every  case  of  fever, 
of  whatsoever  kind  or  nature  coming  within  their  knowledge, 
to  the  Board  of  Health,  within  twenty-four  hours  after  ac- 
quiring such  knowledge,  giving  the  name  and  residence  of 
same.  Any  person  violating  this  section  may,  upon  convic- 
tion, be  fined  not  more  than  one  hundred  dollars. 

122.  medical  inspectors  appointed,  duties  and  powers. 

Whenever  it  shall  be  deemed  necessary  by  the  Board  of 
Health  of  the  City  of  Vicksburg,  they  shall  have  the  power  to 
appoint  two  or  more  inspectors  whose  duty  it  shall  be  to  go 
into  every  house  in  the  city  for  the  purpose  of  ascertaining 
the  existence  of  any  case  of  sickness  of  any  kind,  and  it  shall 
be  the  duty  of  said  inspectors  to  report  the  existence  of  such 
sickness  as  they  may  find,  to  the  Board  of  Health,  and  under 
their  direction  to  do  all  that  may  be  necessary  to  protect  the 
commanity  trom  any  infection  or  contagion  From  such  sick- 
ness. Such  medical  inspectors  when  so  appointed,  shall  have 
the  power  to  call  upon  the  Police  Department  of  the  City  of 
Vicksburg  to  enforce  an  entrance  into  any  house,  residence, 
or  place  of  business  in  the  city,  where  it  may  be  necessary  to 
enter  to  ascertain  the  existence  of  any  sickness  or  disease  there- 
in, provided  the  case  has  not  already  been  reported;  and 
any  resistance  to  the  entrance  into  any  house,  residence,  or 
place  of  business,  of  said  medical  inspectors,  by  any  individual 
or  citizen,  shall  be  deemed  a misdemeanor,  and  shall  be  pun- 
ished after  due  trial  and  conviction  in  the  City  Court,  by  a 
fine  not  to  exceed  one  hundred  dollars. 

123.  the  same;  screening,  oiling,  fumigating,  etc. 

Whenever  the  Board  of  Health  of  the  City  of  Vicksburg 


167 


may  deem  it  necessary  or  expedient,  and  shall  so  require  by 
resolution  legally  passed,  and  published  in  some  newspaper  of 
said  city,  it  shall  be  the  duty  of  every  occupant  of  a house  and 
lot  in  the  City  of  Vicksburg,  to  forthwith  screen,  with  proper 
material,  all  cisterns,  wells,  pumps,  Avater-barrels,  and  other 
water  recejDtacles  on  their  premises,  so  that  mosquitoes  can 
neither  get  in  nor  out  of  the  same,  and  keep  the  same  so 
screened  until  the  first  killing  frost.  The  said  Board  may 
also  require  every  such  person  to  forthwith  drain  all  pools, 
puddles,  mud-holes,  and  all  other  receptacles  of  water,  and 
all  vaults,  pools,  and  cess-pools,  and  all  places  on  their  pre- 
mises where  water  stands,  or  is  liable  to  stand.  Every  such 
person  may  likewise  be  required  to  oil  all  cisterns,  tanks,  wells, 
pumps,  water-barrels,  and  all  other  places  on  their  premises 
where  mosquitoes  are  liable  to  breed,  and  keep  same  oiled  until 
the  first  killing  frost.  Every  such  person  may  likewise  be 
required  to  cut  down  all  weeds,  and  all  high  grass,  upon  their 
premises,  which  will  furnish  a harbor  or  hiding  place  for 
mosquitoes;  and  every  such  person  may  likewise  be  required 
to  burn  sulphur  or  other  insect  poison  in  their  houses,  kitchens, 
out  houses,  and  all  other  places  which  are  inhabited  by  mos- 
quitoes, once  a week  and  until  all  mosquitoes  therein  are  des- 
troyed. Any  person  violating  this  section,  shall  on  conviction, 
be  fined  not  more  than  one  hundred  dollars,  or  imprisoned  not 
more  than  one  month,  or  both. 

124.  the  same;  quarantine  may  be  established. 

The  Board  of  Health  of  the  City  of  Vicksburg  whenever 
it  deems  it  necessary  for  the  protection  of  the  health  of  the 
City  of  Vicksburg,  may  establish  a quarantine  against  any 
State,  County,  City,  Town  or  other  locality;  whether  said 
State,  County,  City,  Town  or  other  locality  be  infected  with 
any  contagious  or  infectious  disease  at  the  time  or  not. 

125.  the  same;  violations  of  quarantine. 

When  any  such  State,  District,  County,  City,  Town,  or 
other  locality  is  quarantined  against  by  the  Board  of  Health 
of  the  City  of  Vicksburg,  it  shall  be  unlawful  for  any  person 
from  the  territory  so  quarantined  against  to  stop  in  the  City 
of  Vicksburg,  or  to  bring  or  to  receive  any  goods,  wares  or 
merchandise  from  the  territory  quarantined  against  into  the 
City  of  Vicksburg,  except  with  special  permit  from  Board  of 
Health.  Any  person  violating  this  section  shall  on  conviction, 
be  fined  not  more  than  one  hundred  dollars,  or  imprisoned 
not  more  than  one  month,  or  both. 

126.  the  same;  violations  of  quarantine. 

It  shall  be  unlawful  for  any  steamboat,  railroad,  or  other 


168 


public  common  carrier,  or  for  any  conductor  or  engineer  of 
any  train,  master  of  any  steamboat,  or  any  other  agent,  servant 
or  officer  of  any  such  carrier,  to  bring  any  person,  or  any 
freight  or  merchandise  of  any  kind  from  the  territory  so 
quarantined  against,  into  the  City  of  Vicksburg.  And  it  shall 
be  unlawful  for  any  railroad  company,  or  railroad  freight 
agent,  superintendent  or  other  employe  of  a railroad  company, 
to  receive  any  cars  loaded  with  freight  from  points  quarantined 
against,  into  the  City  of  Vicksburg,  or  to  allow  any  such 
freight  cars  to  be  opened  or  unloaded  within  the  city  limits 
of  the  City  of  Vicksburg,  without  first  obtaining  permission 
from  the  Board  of  Health  of  the  City.  Any  person  violating 
this  section  shall  on  conviction,  be  fined  not  more  than  one 
hundred  dollars,  or  be  imprisoned  not  more  than  one  month, 
'or  both. 

127.  the  same;  originating  false  rumors. 

If  any  person  shall,  without  good  or  sufficient  reason, 
start,  originate,  or  make  any  false  statement,  rumor  or  report, 
of  any  kind,  to  the  effect  that  yellow  fever,  small-pox,  or  other 
infectious  or  contagious  disease,  exists  or  prevails  in  the  City 
of  Vicksburg,  such  person  shall  on  conviction,  be  fined  in  any 
sum  not  exceeding  $100.00,  or  be  imprisoned  not  exceeding  one 
month,  or  both. 

128.  the  same;  repeating  false  rumors. 

If  any  person  shall  repeat  or  circulate  any  false  state- 
ment, rumor,  or  report,  to  the  effect  that  yellow  fever,  small- 
pox, or  other  infectious  or  contagious  disease  exists  in  the 
City  of  Vicksburg,  without  good  and  sufficient  reason  to  be- 
lieve the  statement  to  be  true,  such  person  shall,  on  conviction, 
be  fined  in  a sum  not  exceeding  one  hundred  dollars,  or  be 
imj^risoned  not  exceeding  thirty  days,  or  both. 

129.  the  same;  quarantine  violators  to  leave  town. 

Whenever  in  the  judgment  of  the  Board  of  Health  it  may 
be  necessary  or  expedient  in  times  of  public  danger,  they  may 
require  any  person  who  shall  be  convicted  of  a violation  of 
any  of  the  quarantine  ordinances  of  the  City  of  Vicksburg, 
uj)on  notice  given  him  by  the  Mayor  or  President  of  the  Board 
of  Health,  or  any  health  officer,  or  police  officer,  forthwith 
to  leave  the  city  and  go  to  the  distance  of  ten  miles  be- 
yond the  limits  of  the  city;  and  any  person  who  after  being 
so  notified  shall  fail  or  refuse  to  leave,  shall  upon  conviction, 
be  fined  not  more  than  one  hundred  dollars,  or  be  imprisoned 
not  more  than  one  month,  or  both. 


160 


130.  the  same;  compulsory  vaccination. 

Whenever  it  may  be  deemed  necessary  by  the  Board  of 
Health,  and  they  may  so  require  by  resolution  legally  passed, 
and  jDiiblic  notice  thereof  in  some  newspaper,  published  in 
said  city,  it  shall  be  the  duty  of  all  persons  living  and  residing 
within  the  limits  of  the  City  of  Yicksburg,  who  have  not 
been  successfully  vaccinated  within  seven  years  next  preceding 
the  issuance  of  such  proclamation,  to  be  vaccinated  by  some 
reputable  physician  without  delay. 

All  persons  who  are  parents,  guardians,  or  who  have 
the  care,  custody  or  control  of  minor  children  or  persons  of 
unsound  mind,  shall  upon  such  proclamation,  have  the  said 
minor  children  or  persons  under  their  charge  and  control, 
vaccinated  as  soon  as  practicable,  unless  the  said  minor  chil- 
dren or  persons  of  unsound  mind,  shall  have  been  success- 
fully vaccinated  within  the  time  mentioned  above.  Any  per- 
son refusing  or  neglecting  to  be  vaccinated  in  accordance 
with  the  provisions  of  this  section,  when  ordered  by  any  of- 
ficer of  said  city,  or  any  physician,  or  who  shall  other ^vdse 
violate  the  provisions  of  this  section,  shall  upon  conviction 
be  fined  not  more  than  fifty  dollars,  or  imprisoned  not  more 
than  thirty  days,  or  both. 

131.  the  same;  concealing  infectious  diseases. 

It  shall  be  unlawful  for  any  j^erson  knowingly  to  conceal 
any  case  of  small-pox,  yellow  fever,  or  any  other  infectious 
or  contagious  disease,  in  or  about  the  house  or  place  where  he 
resides,  or  to  withhold  any  information  or  Jmowledge  that 
he  may  have  of  the  existence  of  such  disease.  Every  person 
having  knowledge  of  any  case  of  small-pox,  yellow  fever,  or 
other  contagious  or  infectious  disease  that  may  be  in  or  about 
the  place  where  he  resides,  shall  immediately  report  the  same 
to  the  City  Physician,  or  in  his  absence  to  the  City  ^larshal, 
or  City  Health  Officer.  And  any  person  violating  the  provis- 
ions of  this  section  shall,  U2:)0n  conviction,  be  fined  not  more 
than  one  hundred  dollars,  or  be  imprisoned  not  more  than 
thirty  days,  or  both. 

132.  the  same;  physicians  to  report  contagious  diseases. 

It  shall  be  the  duty  of  all  physicians  ])racticing  their 
profession  within  the  corporate  limits  of  said  city,  upon  the 
appearance  of  any  contagious  or  infectious  disease  in  his  or 
her  practice,  to  at  once  notify  the  City  Physician,  or  Health 
Officer,  of  the  nature  and  character  of  said  disease,  and  the 
location  of  the  patient  sufi'ering  therefrom.  Any  ])hysician 
failing,  refusing  or  neglecting  to  make  such  report,  shall  be 


170 


guilty  of  a misdemeanor,  and  on  conviction  shall  be  fined 
not  more  than  twenty-five  dollars. 

133.  the  same;  certain  diseases  to  be  placarded. 

The  City  Physician,  or  Health  Officer,  immediately  upon 
receiving  the  notification  of  the  existence  of  any  disease  men- 
tioned in  the  last  preceding  section,  shall  at  ouce  take  all  neces- 
sary steps  to  warn  the  public  of  the  existence  of  such  disease, 
by  plainly  placarding  the  house,  or  otherwise,  in  his  discre- 
tion, so  as  to  warn  all  persons  of  the  location  and  character 
of  said  contagious  or  infectious  disease.  If  any  person  shall 
willfully  or  intentionally  tear  down,  deface,  hide  or  remove 
the  said  placard  he  shall,  upon  conviction,  be  fined  not  more 
than  one  hundred  dollars. 

134.  the  same;  small  pox  patient  not  to  go  abroad. 

(1086  ) A person  having  recently  had  the  small- 

pox shall  not,  until  after  having  obtained  a certificate  from 
the  attending  physician,  or  other  person  qualified  to  give  such 
certificate,  of  his  recovery,  and  of  his  being  perfectly  clean 
in  his  person  and  clothes,  remove  from  the  place  where  he 
shall  have  had  the  small  pox,  to  go  abroad  in  the  company 
of  other  persons  who  have  not  had  the  disease,  or  go  into 
any  public  road  or  highway  where  travelers  usually  pass, 
without  retiring  out  of  the  same  or  giving  notice  upon  the 
approach  of  any  passenger,  or  go  into  any  public  place,  or 
into  any  railroad  car,  street  car,  steamboat,  hack  or  other 
public  vehicle,  or  upon  any  steamboat,  under  the  penalty  of 
not  exceeding  one  hundred  dollars  fine  or  thirty  days  im- 
prisonment upon  conviction  thereof. 

135.  the  same;  births  to  be  reported. 

It  shall  be  the  duty  of  every  physician,  midwife,  or  person 
who  shall  assist  or  advise  at  any  birth,  within  five  days  there- 
after to  make  a full  report  of  the  same  to  the  City  Physician, 
or  Health  Officer  of  the  City  of  Vicksburg,  signed  by  himself 
or  herself,  giving  place,  ward,  street,  and  number  of  the  house 
wherein  such  birth  occurred,  and  the  sex  and  color  of  every 
child  born,  and  the  name  and  residence  of  the  parents. 

136.  the  same;  deaths  to  be  reported. 

It  shall  be  the  duty  of  every  physician,  undertaker,  or 
professional  adviser  who  has  attended  any  person  during  a 
last  illness,  or  has  been  present  by  request  at  the  death  of  any 
person  to  within  thirty-six  hours  thereafter  make  a written 
return  to  the  City  Physician,  or  Health  Officer  of  said  city, 
of  such  death,  in  the  following  form  to-wit : 


m 


Health  Department  of  Cit}’  of  Vicksburg,  Miss. 

CEKTIFICATE  OF  DEATH. 

Vicksburg,  Miss., 190. . . 

This  Certifies  that 

died  on  the day  of 190 . . . 

Cause  of  death .* 

Age Sex Color 

Married — yes  or  no Nativity Pauper — yes  or 

no '. . . . Kesidence  No Street 

Place  of  birth 


Attending  Physician  or  Coroner. 
Place  of  burial Cemetery. 


Undertaker. 

and  the  aforesaid  return  shall  be  signed  by  the  said  physician, 
or  professional  adviser. 

Physicians  are  reminded  of  the  importance  of  filling 
out  these  blanks  promptly  and  accurately,  as  failure  so  to  do 
renders  them  liable  to  a fine  under  the  Health  Ordinances  of 
the  City.  Undertakers  will  see  that  all  spaces  are  filled. 

137.  the  same;  burial  permits  required. 

No  interment  of  the  dead  body  of  any  human  being,  or 
disposition  thereof  in  any  tomb  or  vault,  or  in  the  city  ceme- 
tery, or  any  other  cemetery  or  place  within  two  miles  of  the 
City  of  Vicksburg,  or  by  transportation,  shall  be  made  with- 
out a permit  therefor,  granted  by  the  City  Physician,  or 
Health  Officer  of  said  city;  nor  otherwise  than  in  accordance 
with  said  permit;  and  no  undertaker  or  other  person  shall 
make,  assist  in,  assist  to,  or  allow  any  such  interment,  or  aid 
or  assist  in  preparing  any  grave  or  place  of  deposit 
for  any  such  body  for  which  such  permit  has  not  been  given 
authorizing  the  same ; and  it  shall  be  the  duty  of  every  person 
who  shall  receive  such  permit,  to  prepare  and  return  the  same 
to  the  City  Physician,  or  Health  Officer  of  said  city,  before 
five  o’clock  P.  M.  on  Saturday  of  each  week. 

138.  the  same;  city  physician’s  duties,  births,  deaths,  interments. 

The  City  Physician,  or  Health  Officer  of  said  city  shall, 
upon  application,  issue  burial  permits  authorizing  the  removal 
or  interment  of  dead  bodies,  and  he  shall  keep  in  a well  bound 


book  for  that  purpose,  a record  of  the  births  and  deaths  oc- 
curring in  the  City  of  Vicksburg,  setting  forth  the  particulars 
as  shown  by  the  return  of  births  and  deaths  required  by  the 
three  preceding  sections. 

139.  the  same;  bodies  not  to  be  removed,  except. 

It  shall  not  be  lawful  f on  any  person  or  persons  to  disinter 
and  remove  any  body  from  a grave  in  the  City  Cemetery 
where  it  now  rests,  to  any  other  place  in  the  said  cemetery,  or 
outside  thereof,  without  first  obtaining  a permit  in  writing 
from  the  Health  Officer  of  the  said  city,  or  the  City  Physician, 
which  permit  shall  be  approved  by  the  Mayor. 

140.  the  same;  contagions  diseases,  bodies  not  removed  within  two 
years. 

It  shall  not  be  lawful  for  any  person  to  remove  or  assist 
in  the  removing  from  the  place  of  its  interment  in  the  City 
Cemetery,  or  within  the  limits  of  the  city,  the  body  of  any 
man,  woman,  or  child,  who  has  died  from  any  infectious  or 
contagious  disease,  without  permit  from  City  Physician. 

141.  the  same;  contagious  diseases,  bodies  not  brought  here  within 
two  years. 

It  shall  be  unlawful  to  bring  to  the  City  Cemetery  in  or 
through  the  City  of  Vicksburg,  the  remains  of  any  man,  woman 
or  child  who  has  died  elsewhere  of  any  infectious  or  contagious 
disease  and  has  been  once  buried,  unless  said  remains  have 
been  buried  fully  two  years  before  being  removed  to  said 
cemetery  in  or  through  the  said  city,  except  upon  permit  ot 
the  City  Physician. 

142.  the  same;  bodies  not  removed  in  certain  seasons. 

It  shall  be  unlawful  to  remove  any  dead  body  from  the 
place  of  its  burial  in  the  City  Cemetery,  or  Avithin  the  city 
limits,  at  any  other  time  of  the  year  except  between  the  fif- 
teenth day  of  December  and  the  fifteenth  day  of  February 
of  each  year. 

143.  the  same;  penalties  for  violations  of. 

If  any  person  shall  violate  any  of  the  eight  last  mentioned 
sections,  he  shall  on  conviction,  be  fined  not  more  than  one 
hundred  dollars,  or  be  imprisoned  not  more  than  thirty  days, 
or  both. 

144.  the  same;  dead  bodies,  certain,  not  carried  in  hack. 

It  shall  be  unlaAvful  for  any  oAvner  or  driA^er  of  ruj  pub-_ 
lie  carriage  or  hack,  to  carry  a coffin  containing  the  body  of 


any  person  who  has  died  of  a contagions  disease,  or  in  any 
other  wise  or  manner  to  carry  in  such  public  conveyance  such 
body.  Any  2)erson  violating  the  provisions  of  this  section 
shall  upon  conviction,  be  fined  not  more  than  twenty-live  dol- 
lars. 

145.  the  same;  privies  and  cess-pools,  not  to  be  built,  etc. 

It  shall  be  unlawful  to  maintain  or  build  a water-closet, 
2)it,  sink,  or  cess-pool,  within  three  feet  of  the  division  line  of 
an  adjoining  property  owner,  and  all  water-closets,  pits,  sinks, 
or  cess-pools,  now  maintained,  used  and  situated  within  three 
feet  of  the  division  line  of  an  adjoining  owner,  are  hereby 
declared  to  be  a nuisance.  All  persons  violating  this  provision 
shall  upon  conviction  be  fined  not  exceeding  fifty  dollars,  or 
be  imprisoned  not  exceeding  twenty-five  days,  or  both. 

146.  the  same;  how  nuisance  abated. 

Upon  conviction  of  the  offense  defined  in  the  foregoing 
section,  if  said  nuisance  is  not  immediately  abated  the 
City  Marshal  shall  be  authorized  and  have  poAver  to  abate 
the  nuisance,  and  the  expense  necessary  thereto  shall  be  charged 
to  and  become  a lien  upon  the  property,  and  shall  be  collected 
by  the  assessor  at  the  same  time  and  in  the  same  manner  as 
city  taxes  are  collected. 

147.  the  same;  privies,  how  built. 

That  eA^ery  privy  in  the  city  shall  haA^e  a pit  in  the  earth 
at  least  six  feet  deep;  and  the  City  Health  Officer  shall  be 
empoAA^ered  to  require  the  building  of  such  priAues  Avherever 
the  same  shall  be  necessary.  And  Avhenever  the  contents  there- 
of approach  nearer  than  tAVo  feet  to  the  surface  of  the  earth, 
it  shall  be  considered  a nuisance,  and  the  oAvner  or  occupant  of 
the  lot  on  which  said  nuisance  may  be,  being  duly  notified 
of  the  same  by  an  authorized  officer,  to  luiA^e  the  said  pit  filled 
up  with  fresh  earth,  or  cleaned  out  and  limed,  or  to  build  a 
neAv  privy  shall  fail  to  obey  said  order,  or  to  build  a priA’^^y 
Avhen  necessary,  he  shall  upon  conviction  of  every  such  olt'ense, 
be  fined  not  more  than  tAventy  dollars. 

148.  the  same;  stables:  cleanings  not  to  be  dumped  on  streets. 

It  shall  be  unlaAvful  for  the  OAvner  or  occiqiant  of  any  sta- 
ble, to  haA^e,  or  cause  to  haA^e,  stable,  or  any  kind  of  manure, 
dumped  on  any  of  the  streets  or  alleys  Avitliin  tlie  limits  of  the 
city,  Avithout  first  obtaining  j^ei’niission  from  the  iVIayor  and 
Board  of  Aldermen.  Any  jierson  or  jiersons  violating  this  sec- 
tion shall,  upon  coiiAUction,  be  fined  not  more  than  ten  dollars. 


174 


149.  the  same;  inspections  to  he  made;  nuisances. 

It  shall  be  the  duty  of  the  Health  Officer,  or  City  Marshal, 
or  their  deputies,  to  visit  and  make  strict  examinations  of  all 
houses,  cellars,  yards,  lots,  privies,  streets  and  alleys,  within 
the  corporation,  at  least  as  often  as  once  every  two  weeks,  for 
the  purpose  of  ascertaining  if  there  be  any  nuisance  in  the 
above  mentioned  places,  and  it  shall  be  the  duty  of  the  City 
Marshal,  Health  Officer,  or  their  deputies,  to  prevent  the  accu- 
mulation, and  direct  the  removal  in  all  cases,  of  all  things 
heretofore  declared  to  be  nuisances  by  the  city  ordinances,  or 
which  may  hereafter  be  declared  to  be  nuisances,  or  dangerous 
to  the  public  health. 

150.  the  same;  nuisances,  how  abated. 

The  Health  Officer,  City  Marshal,  or  their  deputies,  shall 
give  notice  to  the  proper  person  to  remove  any  nuisance 
which  he  or  she  is  bound  to  remove  by  any  section  of  this  or- 
dinance; and  in  case  of  his  or  her  neglect  or  refusal  so  to  do, 
the  said  Health  Officer,  City  Marshal,  or  their  deputies,  shall 
have  same  removed  at  the  expense  of  the  city,  and  shall  note 
down  in  writing  the  name  of  the  individual,  and  a statement 
of  the  offense,  and  shall  lay  the  information  before  the  city 
court ; and  every  person  so  neglecting  or  refusing  to  remove  any 
such  nuisance  as  aforesaid,  shall  upon  conviction,  be  fined  not 
more  than  twenty-five  dollars,  for  each  and  every  offense. 

151.  the  same;  duties  of  City  Physician. 

It  shall  be  the  duty  of  the  City  Physician  to  render  medical 
assistance  to  any  of  the  persons  confined  in  tlie  city  prison 
who  may  need  it,  and  all  officers  or  employees  of  the  city 
who  may  become  sick  or  disabled  while  in  the  discharge  of 
their  duties,  and  to  prevent  in  so  far  as  possible  the  over- 
crowding of  tenement  houses;  to  keep  himself  supplied  with 
vaccine  virus,  and  to  vaccinate  all  who  apply  to  him. 

152.  the  same;  animals  not  to  be  slaughtered  in  city. 

If  any  person  shall  kill  or  slaughter  any  cattle,  hog,  sheep, 
or  goat,  within  the  limits  of  the  City  of  Vicksburg,  he  shall 
on  conviction  be  fined  not  more  than  twenty -five  dollars,  or  be 
imprisoned  not  more  than  one  month,  or  both. 

153.  the  same;  butcher  not  to  sell  flesh  of  certain  animals. 

(1337  ) Any  butcher  or  other  person  who  shall 

knowingly  sell  the  flesh  of  any  animal  dying  otherwise 
than  by  slaughter,  or  slaughtered  when  diseased,  or  any  baker, 
brewer,  distiller,  or  other  person  who  shall  knowingly  sell 
unwholesome  bread  or  drink,  shall  on  conviction  be  fined  not 


175 


more  than  one  hundred  dollars,  or  be  imprisoned  not  more 
than  one  month,  or  both. 

154.  the  same;  certain  meats  not  to  be  sold  as  human  food. 

(1339  ) If  any  person  shall  sell  or  offer  for  sale  as 

human  food,  the  flesh  of  any  animal  which  shall  have  died  a 
natural  death,  or  been  killed  or  injured  by  any  accident;  or 
shall  sell  or  offer  for  sale,  or  ship  for  sale,  as  human  food, 
the  flesh  of  any  diseased  animal,  such  person  shall  upon  con- 
viction be  fined  not  more  than  one  hundred  dollars,  or  be  im- 
prioned  not  more  than  one  month,  or  both. 

155.  the  same;  to  prevent  the  sale  of  unsound  or  putrid  meat. 

If  any  person  or  corporation  agent  shall  knowingly  or 
wilfully  sell  or  hold  for  sale,  or  offer  for  sale  any  tainted, 
putrid,  unsound,  unwholesome,  or  unmerchantable  flour,  meat, 
or  other  provisions  as  sound  and  good;  or  shall  sell  the  same 
for  consumption  as  human  food,  or  shall  sell  to  any  retailer 
or  dealer  to  be  resold,  or  shall  practice  any  fraud  or  deception 
to  put  off  or  sell  any  damaged  unsound  or  unmerchantable 
provisions,  he  or  it  shall,  upon  conviction  be  fined  not  more 
than  one  hundred  dollars,  or  imprisoned  not  more  than  thirty 
days,  or  both. 

156.  the  same;  proceedings. 

Whenever  the  City  Physician  shall  be  informed,  or  sus- 
pect, that  any  person  or  corporation  is  keeping  and  offering 
for  sale  any  tainted,  putrid,  unsound,  unwholesome  or  unmer- 
chantable flour,  meat  or  other  provisions,  as  sound  and  good, 
it  shall  be  his  duty  to  go  to  the  storehouse,  depot  or  other 
place  where  such  provisions  are  kept,  and  to  there  carefully 
inspect  the  same  and  determine  whether  they  are  fit  for  human 
consumption;  and  if  not  it  shall  be  his  duty  to  report  the 
fact  to  the  City  Marshal  who  shall  cause  the  person  to  be  ar- 
rested and  prosecuted  in  accordance  Avith  this  section. 

157.  the  same;  provisions,  etc.,  to  be  inspected. 

Any  person  or  corporation  keeping  or  offering  flour,  meat 
or  other  provisions,  for  sale  for  human  consumption  Avho  shall 
refuse  to  permit  the  City  Physician  to  examine  the  same  for 
the  purpose  of  determining  Avhether  they  are  sound  and  Avhole- 
some  and  fit  for  human  consumption,  or  A\dio  shall  opjiose  or 
obstruct  the  City  Physician,  or  proper  inspector,  in  the  dis- 
charge of  his  official  duties  in  the  inspection  of  provision  de- 
signed for  human  consumption  shall,  upon  conviction,  be 
fined  not  more  than  one  hundred  dollars,  or  be  imprisoned  not 
more  than  thirty  days,  or  both. 


176 


158.  the  same;  proceedings  against  corporation. 

If  any  corporation  shall  violate  any  ordinance  of  this 
city  with  regard  to  the  sale  of  nnsoimd  meat,  provisions,  or 
any  like  matter,  it  may  be  proceeded  against  by  affidavit  charg- 
ing the  offense;  the  City  Court  shall  issue  a summons  against 
it  by  its  corporate  name  to  appear  and  ansAver  the  affidavit, 
Avhich  summons  may  be  executed  as  a summons  against  a cor- 
poration in  a civil  suit.  And  upon  the  summons  being  returned 
executed,  the  corporation  shall  be  considered  in  court  and 
appearing  to  the  affidavit,  and  the  court  shall,  unless  the  de- 
fendant do  so  of  its  own  accord,  cause  an  appearance  of  it  to 
be  entered  of  record ; and  such  proceedings  may  be  had  thereon 
as  if  the  corj^oration  had  appeared  and  pleaded  thereto;  and 
if  the  corporation  be  convicted  on  the  affidavit,  the  court 
may  pass  judgment  thereon  and  cause  process  of  execution  to 
be  issued  against  the  goods  and  chattels  and  lands  and  tene- 
ments of  the  corporation  for  the  amount  of  the  fine  and  costs 
Avhich  may  be  aAvarded  against  it  as  in  a civil  suit.  And  the 
City  Marshal  shall  proceed  to  sell  the  goods  and  chattels,  lands 
and  tenements  of  the  corporation,  as  on  an  execution  issuing 
against  a corporation  in  a civil  suit. 

159.  the  same;  second  hand  clothing. 

It  shall  be  unlawful  for  any  merchant,  trader  or  other 
joerson  to  bring  within  the  limits  of  the  City  of  Vicksburg 
any  article  of  second  h^nd  clothing,  shoes  or  hats  of  any  des- 
cription Avhatsoever  for  barter  or  for  sale,  or  to  sell  or  barter 
the  same  within  the  limits  of  the  city.  Any  person  violat- 
ing this  section  shall  upon  conviction  be  fined  not  exceeding 
one  hundred  dollars. 

160.  the  same;  children  to  be  vaccinated  before  attending  school. 

Ao  child  or  pupil  or  student  shall  enter,  attend  or  be  en- 
rolled in  any  school  in  the  City  of  Vicksburg  without  having 
been  successfully  vaccinated.  And  such  child,  student  or  pupil 
shall  exhibit  to  the  teacher  or  principal  of  said  school  a cer- 
tificate of  successful  vaccination  from  some  reputable  physi- 
cian, or  shall  exhibit  the  scar  thereof  to  the  teacher.  This  shall 
not  apply  to  any  child,  student  or  pupil  who  has  been  vac- 
cinated as  many  as  three  times  Avithout  success. 

No  parent,  guardian,  or  person  in  loco  parentis  to  any 
child  shall  send  the  same  to  school,  or  permit  the  attendance 
of,  at  any  school,  public  or  private,  in  this  city  Avithout  com- 
plying Avith  this  provision.  Any  parent,  guardian,  or  person 
in  loco  parentis  to  any  child  Avho  shall  violate  this  section  may 
upon  conviction  be  fined  not  exceeding  one  hundred  dollars. 


177 


161.  the  same;  certain  children  not  sent  to  school. 

It  shall  be  unlawful  for  any  parent,  guardian,  or  person  in 
loco  parentis  to  any  child,  to  send  the  same,  or  permit  the 
attendance  of,  at  any  school,  public  or  private,  within  this 
city,  when  there  shall  be  in  the  house  at  which  said  child 
resides,  any  contagious,  infectious,  or  epedemic  disease,  or  if 
the  said  child  has  been  exposed  thereto. 

Any  parent,  guardian,  or  person  in  loco  parentis  to  any 
child,  who  shall  violate  this  section,  may  upon  conviction  be 
fined  not  more  than  one  hundred  dollars. 

162.  the  same;  persons  not  to  leave  infected  house. 

It  shall  be  unlawful  for  any  person  who  resides  or  lives 
in  any  house  which  is  infected  with  any  contagious  or  infec- 
tious disease,  to  leave  the  same  without  first  obtaining  a writ- 
ten permit  from  the  City  Health  Officer,  or  from  the  attend- 
ing physician.  Any  person  violating  this  section  may  upon 
conviction  be  fined  not  more  than  one  hundred  dollars. 

163.  the  same;  not  to  remove  infected  goods. 

It  shall  be  unlawful  for  any  person  to  remove  household 
goods  or  bedding  from  any  house  infected  with  any  con- 
tagious or  infectious  disease  to  any  other  house  within  the  city, 
or  to  haul  the  same  through  the  streets,  without  a written  per- 
mit from  the  City  Physician.  Any  person  violating  this  sec- 
tion may  upon  conviction  be  fined  not  more  than  one  hun- 
dred dollars. 

164.  Licenses;  doing  business  without. 

If  any  person  shall  conduct  any  business  trade  calling  or 
profession  upon  which  the  City  of  Vicksburg  has  levied  a law- 
ful tax  without  first  obtaining  license  so  to  do,  he  shall  upon 
conviction  be  xined  in  a sum  equal  to  double  the  amount  oi 
said  license,  not  to  exceed  one  hunared  dollars. 

165.  Streets;  burning  trash  on. 

It  shall  be  unlawful  for  any  person  or  persons  to  burn 
trash,  lumber,  straw  or  any  other  combustible  material  be- 
tween the  hours  of  sunset  and  sunrise,  in  any  street,  lane,  al- 
ley, yard  or  lot  in  the  City  of  Vicksburg.  Any  person  violat- 
ing this  section  may  upon  conviction  be  fined  not  more  than 
twenty  dollars. 

166.  Indecent  Exposure;  swimming. 

Xo  person  shall  in  the  day  time  swim  or  bathe  in  a nude 
condition  in  the  canal  or  lake,  or  river,  or  waters  in  or  contig- 

12-City 


178 


uous  to  the  City  of  Vicksburg,  thereby  exposing  his  person, 
or  any  part  thereof,  to  public  view.  Any  person  violating  this 
section  shall  upon  conviction  be  fined  not  more  than  ten  dol- 
lars for  each  offense. 

167.  the  same;  penalties. 

(1294  ) If  any  person  shall  wilfully  and  lewdly  ex- 

pose his  person,  or  the  private  parts  thereof,  in  any  public 
place,  or  in  any  other  place  where  others  are  present,  or  pro- 
cure another  so  to  expose  himself,  or  shall  appear  in  any  public 
place  in  a state  of  nudity,  or  appear  in  public  in  dress  of  the 
other  sex,  or  in  any  indecent  or  lewd  dress,  or  do  any  lewd, 
obscene  or  indecent  act  in  any  public  place,  he  shall  upon  con- 
viction be  fined  not  more  than  fifty  dollars,  or  be  imprisoned 
not  more  than  ten  days,  or  both. 

It  is  necessary  under  this  section  to  charge  that  the  exposure  was 
‘‘ lewdly  made.  Stark  v.  State,  81  Miss.,  397. 

168.  Indecent  and  Obscene  Articles  or  Publications. 

It  shall  be  unlawful  for  any  person  to  publish  or  give,  or 
circulate  or  sell,  or  cause  to  be  published,  given,  circulated  or 
sold,  any  book,  print,  writing,  picture,  newspaper,  pamph- 
let, or  other  work  of  an  obscene,  licentious,  lewd,  or  libellous 
nature,  or  to  publicly  exhibit  any  lewd,  obscene  or  indecent 
picture.  Any  person  violating  this  section  shall,  on  conviction, 
be  fined  not  more  than  one  hundred  dollars. 

169.  Junk  Houses;  regulations  affecting. 

It  shall  be  unlawful  for  any  junk  dealer,  or  other  vendor 
of  second-hand  commodities,  or  any  person  acting  as  agent  for 
such,  to  purchase  any  article  or  commodity,  other  than  rags, 
bones  and  paper,  from  a minor,  without  the  written  consent 
of  the  parents  or  guardian  of  the  minor;  and  all  purchases  of 
goods,  wares  and  merchandise  other  than  those  mentioned  in 
this  section,  made  from  any  person  whatever,  by  the  proprie- 
tors of  junk  stores,  or  their  agents,  must  be  entered  on  a 
book  kept  for  that  purpose,  designating  the  article  and  date 
of  purchase,  the  name  of  the  party  selling,  together  with  his 
or  her  residence.  This  book  shall  be  correctly  kept,  and  sub- 
ject to  inspection  whenever  it  may  be  deemed  necessary  by  any 
member  of  the  police  force. 

Every  proprietor  of  a junk  house,  or  dealer  in  hides, 
shall  keep  a book  or  register  in  which  shall  be  entered  the 
name,  color,  sex  and  description  of  each  person  from  whom 
such  hides  may  be  purchased.  Such  book  shall  be  legibly 
kept,  and  shall  be  open  at  any  time  to  the  inspection  of  any 
person  desiring  to  inspect  it. 

Any  person  violating  this  section  shall  upon  conviction 


179 


be  fined  not  more  than  one  hundred  dollars,  or  be  imprisoned 
not  more  than  one  month,  or  both. 

170.  the  same;  green  hides,  bones,  offensive  articles. 

It  shall  be  unlawful  for  any  junk  dealer,  or  vendor  of  or 
dealer  in  articles  usually  kept  at  such  places,  to  keep  on  hand 
for  sale,  or  on  storage  for  shipment,  green  hides,  or  bones 
of  dead  animals,  such  as  are  used  in  the  making  of  fertilizers ; 
or  to  keep  any  kind  of  foul-smelling  or  offensive  articles  or 
material  in  any  place  or  enclosure  within  this  city  which  shall 
be  nearer  than  250  feet  from  any  building  occuj^ied  as  a resi- 
dence or  place  of  business. 

Any  person  violating  this  section  may  upon  conviction 
be  fined  not  more  than  fifty  dollars,  and  the  house  may  be 
declared  a nuisance,  and  abated  by  the  City  Marshal. 

171.  Advertisements;  indecent,  not  to  be  displayed. 

No  person  shall  put  up  or  display  in  a conspicuous  place 
any  sign  or  advertisement  of  any  patent  medicine,  or  other 
article  or  thing,  which  shall  be  of  such  a nature  as  to  be 
indecent,  indelicate,  or  offensive  to  persons  passing  on  the 
streets  or  highways;  it  is  hereby  made  the  duty  of  the  police 
to  take  down  and  remove  all  such  advertisements  in  the  city 
limits  and  to  arrest  any  person  who  shall  ha\^e  put  up  or 
displayed  the  same.  Any  person  violating  this  section  shall 
upon  conviction  be  fined  not  more  than  twenty-five  dollars  for 
each  offense. 

172.  Labor  Agents ; to  prevent  unlawful  acts  of. 

It  shall  be  unlawful  for  any  labor  agent,  or  any 
agent  for  another,  or  anyone  interested  in  securing  labor, 
to  molest,  disturb,  decoy,  entice,  enveigle,  or  atteni])t  to 
molest,  disturb,  decoy,  entice,  enveigle,  any  hands  or  labor- 
ers who  have  been  brought  or  caused  to  l3e  brought  to  the 
City  of  Vicksburg  by  another.  Any  person  violating  this  sec- 
tion shall,  upon  conviction,  be  fined  not  more  than  twenty- 
five  dollars  for  each  offense. 

173.  Public  Landing;  not  to  be  obstructed. 

If  any  person  shall  occupy  obstruct  or  in  any  manner 
use  or  obstruct  the  public  landing  along  the  river  or  canal 
front  of  the  City  of  Vicksburg,  without  authority  and  permis- 
sion from  the  Landing  Committee  of  the  Mayor  and  Aldermen, 
or  of  the  City  Marshal,  he  shall  on  conviction  be  fined  not 
more  than  fifty  dollars,  or  be  imprisoned  not  more  than  twenty 
days,  or  both. 


180 


174.  Larceny,  petit;  definition  and  penalty. 

(1252)  If  any  person  shall  feloniously  take,  steal  or  car- 
ry away  any  personal  property  of  another  under  the  value  of 
twenty-five  dollars,  he  shall  be  guilty  of  petit  larceny,  and 
upon  conviction  shall  be  fined  not  more  than  one  hundred 
dollars,  or  be  imprisoned  not  more  than  one  month,  or  both. 

See  Hughes  v.  State,  80  Miss.,  609. 

/ 

175.  Larceny,  petit;  dog  stealing. 

(1253)  If  any  person  shall  feloniously  take,  steal  and 
carry  away  any  dog,  the  property  of  another,  he  shall  be  guilty 
of  petit  larceny,  and  upon  conviction  shall  be  punished  as  in 
other  cases  of  petit  larceny. 

176.  License  and  Examination  Required  in  Certain  Professions. 

(1334  ) If  any  person  shall  practice  as  an  attorney 

or  counsellor  at  law,  or  shall  practice  as  a physician  or  surgeon, 
or  dentist,  or  pharmacist,  without  having  first  been  examined 
and  obtained  a license  as  required  by  law,  he  shall  on  con- 
viction be  fined  not  more  than  one  hundred  dollars  or  be  im- 
prisoned not  more  than  one  month,  or  both. 

Professional  services  by  a physician  who  has  no  license  come  under 
this  section.  Bohn  v.  Lowery,  77  Miss.,  424;  An  osteopath  is  not  within 
the  section.  Hayden  v.  State,  81  Miss.,  291. 

177.  Lotteries;  provisions  respecting. 

(1278  ) If  any  person  shall  sell,  or  offer,  or  expose 

for  sale  any  lottery  ticket,  whether  the  lottery  be  in  or  out 
of  this  state,  or  of  or  in  any  other  state,  territory,  district 
or  country,  he  shall  on  conviction  be  fined  not  more  than  one 
hundred  dollars,  or  imprisoned  not  more  than  one  month, 
or  both. 

179.  Malicious  Mischief;  injuring  trees. 

(1393  ) If  any  person  shall  wilfully  injure  or 

destroy  any  shade  tree  or  any  ornamental  tree  not  his  own,  on 
any  highway  or  street,  or  in  any  yard  garden  or  park,  he  shall 
on  conviction  be  fined  not  more  than  twenty  dollars  for  each 
tree  so  injured  or  destroyed,  or  shall  be  imprisoned  not  more 
than  one  month  for  each  offense,  or  both. 

180.  Malicious  Mischief;  public  property,  etc.;  penalty. 

(1065  )■  If  any  person,  by  any  means  whatever, 

shall  wilfully  or  mischievously  injure  or  destroy  any  of  the 
work,  materials  or  furniture  of  any  court  house  or  jail,  or 
other  public  building,  or  school  house  or  church,  or  shall 
deface  any  of  the  walls  or  other  part  thereof,  or  shall  write. 


181 


or  make  any  drawing  or  character,  or  do  any  other  act,  either 
on  said  building  or  the  Avails  or  fences  thereof,  or  commit  a 
nuisance,  or  shall  deface  or  injure  the  trees,  fences,  paA^ements 
or  soil,  on  the  grounds  belonging  thereto,  or  any  ornamental  or 
shade  tree  on  any  public  street  leading  thereto,  such  person 
for  every  such  otfense,  shall  upon  conviction  be  lined  not 
exceeding  one  hundred  dollars  or  be  imprisoned  not  more 
than  one  month,  or  both. 

181.  the  same; 

(1287  ) If  any  person  shall  maliciously  or  mis- 

chievously destroy,  disfigure,  or  injure,  or  cause  to  be  destroyed, 
disfigured  or  injured  any  property  of  another  either  real  or 
j^ersonal,  he  shall  be  guilty  of  malicious  mischief,  and  uj)on 
coiwiction  thereof  shall  be  fined  in  a sum  two-fold  the  value 
of  the  property  destroyed,  or  the  damage  done,  not  to  exceed 
one  hundred  dollars,  or  imprisoned  not  more  than  one  month, 
or  both. 

It  is  not  necessary  to  aver  that  the  acts  were  wilfully  clone ; ‘ ‘ mali- 
ciously’’ is  enough.  Funderburk  v.  State,  75  Miss.,  20. 

One  maliciously  injuring  real  property  of  another  by  tearing  down 
and  remo^dng  a fence  therefrom  is  not  guilty  of  malicious  mischief.  Bark- 
ley V.  State,  23  So.,  185. 

182.  Morphine;  sale  regulated;  penalty. 

(1291  ) If  any  druggist  or  other  person  Avhomsoever 

shall  sell,  offer  for  sale,  or  give  away  any  sulphate  or  other 
preparation  of  morphine  or  cocaine  in  any  bottle,  Aual,  eiiA^elope 
or  other  package  Avithout  having  the  same  Avrap^ied  in  a scar- 
let paper  or  envelope,  and  labelled  Avith  a scarlet  label,  lettered 
in  Avhite  letters,  plainly  naming  the  contents  of  the  bottle,  Aual, 
enA^elope  or  package,  he  shall,  on  conviction  be  fined  not  more 
than  one  hundred  dollars. 

183.  Opium;  to  prevent  smoking. 

It  shall  be  unlawful  for  any  person  or  persons  Avhomsoever 
to  own,  keep,  maintain  and  carry  on  in  the  City  of  Vicksburg, 
any  opium  den,  opium  joint,  or  any  room  house  or  place  Avhere 
opium  in  any  of  its  forms  is  smoked  cheAved  or  eaten,  or  Avhere 
opium  smoking  eating  or  cheAving  is  carried  on  or  alloAved  or 
permitted,  or  Avhere  an  opportunity  is  offered  or  afforded  to 
any  person  AvhomsoeATr  to  smoke,  eat  or  cheAv  opium  in  any 
of  its  forms. 

184.  the  same;  unlawful  to  visit  den. 

It  shall  be  unlawful  for  any  person  or  persons  whom- 
soeA^er  to  Ausit  or  attend  or  be  at  any  opium  den,  opium 


182 


joint,  or  other  room  or  place  as  defined  in  the  preceding  section, 
with  the  intent  then  and  there  to  smoke  chew  or  eat  opium  in 
any  of  its  forms,  or  to  smoke,  eat,  or  chew  the  same  therein. 

Any  person  violating  this  or  the  preceding  section  shall 
ujDon  conviction  be  fined  not  more  than  one  hundred  dollars, 
or  be  imprisoned  not  exceeding  thirty  days,  or  both. 

185.  the  same;  den  declared  nuisance  and  abated. 

Any  opium  den,  joint,  room  or  place  in  the  City  of  Vicks- 
burg, as  defined  by  this  ordinance,  is  hereby  declared  a 
public  nuisance,  and  subject  to  abatement  by  the  City  Marshal 
according  to  law. 

186.  the  same;  not  to  be  sold. 

It  shall  be  unlawful  for  any  person  to  sell,  offer  for  sale, 
or  barter,  or  give  away  the  extract  of  opium  prepared  for  and 
generally  used  by  persons  addicted  to  the  habit  of  smoking, 
chewing  or  eating  the  same.  Any  person  violating  this 
section  shall  upon  conviction  be  fined  not  more  than  one 
hundred  dollars,  or  be  imprisoned  not  more  than  thirty 
days,  or  both. 

187.  Officer,  Drunkenness  by;  penalty. 

(1309  ) If  any  officer  of  this  city  shall  be  guilty 

of  habitual  drunkenness,  or  shall  be  drunk  while  in  the  actual 
discharge  of  the  duties  of  his  office,  or  when  called  upon  to 
perform  the  same,  he  shall,  upon  conviction,  be  fined  not 
exceeding  one  hundred  dollars. 

The  indictment  must  charge  that  the  accused  was  at  the  time  the 
lawful  incumbent  of  a specific  office.  Shanks  v.  State,  51  Miss.,  464. 

If  the  term  of  office  expire  pending  the  prosecution,  the  indictment 
must  be  dismissed.  Stubbs  v.  State,  53  Miss.,  437. 

188.  Obscene  Articles;  prohibited;  penalty. 

(1292  ) A person  who  sells,  lends,  gives  away  or 

offers  for  loan,  gift,  sale,  or  distribution,  any  obscene  or  inde- 
cent book,  writing,  paper,  picture,  drawing  or  photograph,  or 
any  article  or  instrument  of  indecent  or  immoral  use,  or  who 
designs,  copies,  draws,  photographs,  or  otherwise  prepares  such 
a book,  picture,  drawing  or  other  article,  or  writes  or  prints,  or 
causes  to  be  written  or  printed,  a circular,  advertisement,  or 
notice  of  any  kind,  or  gives  information  orally  stating  when, 
where,  how,  of  whom,  or  by  what  means  such  an  indecent  or 
obscene  article  or  thing  can  be  purchased  or  obtained,  shall  be 
guilty  of  a misdemeanor,  and  on  conviction  shall  be  fined  not 
more  than  twenty  dollars  or  be  imprisoned  not  more  than 
tAventy  days,  or  both. 


183 


189.  Pawnbrokers;  provisions  respecting. 

Every  person  doing  business  as  a pawnbroker  in  the  City 
of  Vicksburg  shall  keep  in  a well-bound  book,  and  in  plain 
legible  handwriting  a particular,  minute,  and  detailed  descrip- 
tion of  each  article  pawned  to  him.  Also  the  name,  color  and 
residence  of  the  pawnor  or  pledgor,  and  said  pawnbroker  shall 
keep  such  book  open  at  all  times  to  the  inspection  of  the  police. 

190.  the  same;  make  report  of  pledges. 

Every  person  so  engaged  in  the  pawnbroking  business 
shall  prepare  and  deliver  to  the  City  Marshall  every  day  before 
the  hour  of  nine  o’clock  a.  m.,  at  his  office,  a legible  and  correct 
copy  of  such  book,  or  registry  of  the  description  of  all  per- 
sonal property,  or  other  securities  received  on  deposit  during 
the  preceding  day,  with  the  name  of  each  party  making  a 
deposit  or  pledge,  together  with  the  hour  at  which  the  article 
was  received,  and  a description  of  the  person  by  whom  left 
in  pledge,  or  from  whom  the  same  was  purchased. 

191.  the  same;  pledges  held  24  hours. 

All  personal  property  of  any  kind  received  on  deposit 
purchase  or  pledge  by  any  such  pawnbroker  shall  not  be 
sold,  or  permitted  to  be  redeemed  or  removed  from  the  place 
of  business  of  such  pawnbroker  for  the  space  of  twenty-tour 
hours  after  the  copy  and  statement  provided  for  in  this  ordi- 
nance has  been  delivered  to  the  City  Marshal. 

Any  pawnbroker  who  fails  to  do  and  perform  any  of  the 
acts  or  things  required  by  this  ordinance  shall  upon  conviction 
be  fined  not  more  than  fifty  dollars  or  be  imprisoned  not  more 
than  thirty  days,  or  both. 

192.  Personating  an  Officer;  penalty. 

It  shall  not  be  lawful  for  any  person  other  than  the  regu- 
larly appointed  and  authorized  police  officers,  constables, 
deputy  constables,  deputy  sheriffs,  or  deputy  United  States 
Marshals  to  wear  any  badge,  uniform  or  insignia  of  any  kind 
similar  to  or  resembling  the  badges  or  uniforms  of  any  i:>olice- 
man  or  other  officer  of  this  city,  nor  to  hold  themselves  out, 
represent  themselves  to  be,  or  exercise  or  assume  any  authority 
pertaining  to  the  office  of  City  Marshal,  police  officer,  sheriff, 
constable,*  or  United  States  Marshal,  or  anv  deputy  therof. 
Any  person  violating  this  section  shall  upon  conviction  be  fined 
not  more  than  fifty  dollars. 

193.  Pistols,  (toy),  Cartridges,  Etc.;  not  to  be  sold. 

(1322  ) If  any  i:>erson  shall  sell  or  offer  or  expose 

for  sale  any  blank  cartridge  pistol,  or  cartridges  or  caps  or 


184 


other  contrivance  by  which  such  pistols  are  fired  or  made  to 
cause  an  explosion,  he  shall  be  guilty  of  a misdemeanor,  and 
on  conviction  shall  be  fined  not  more  than  twenty-five  dollars, 
or  imprisoned  not  more  than  ten  days,  or  both. 

194.  Poisons;  how  sold. 

(1323  ) It  shall  not  be  lawful  for  any  apothecary, 

druggist  or  other  person  to  sell  or  giye  away  any  article 
belonging  to  the  class  of  medicines  usually  denominated  poi- 
sons, except  as  hereafter  provided: 

(a) .  Every  druggist,  apothecary,  or  other  person  who 
shall  sell  or  give  away,  except  upon  the  written  prescription 
of  a j^hysician,  any  article  of  medicine  belonging  to  the  class 
usually  knoAvn  as  poisons,  shall  be  required  to  register  in  a 
book  kept  for  that  purpose  the  name,  place  of  residence,  age, 
sex  and  color  of  the  person  obtaining  such  poison,  the  quantity 
sold,  the  purpose  for  which  it  was  required,  the  day  and  date 
on  which  it  was  obtained,  and  the  name  and  place  of  abode 
of  the  person  for  whom  the  article  was  intended ; and  the  said 
druggist  or  apothecary,  or  other  person  dispensing  the  same, 
shall  carefully  mark  the  word  “POISON”  on  the  label  or 
wrapper  of  each  package. 

(b)  A druggist,  apothecary  or  other  person  shall  not 
sell  or  give  away,  except  to  physicians,  any  quantity  of  arsenic 
less  than  one  pound  without  first  mixing  soot  or  indigo  there- 
Avith  in  the  proportion  of  one  ounce  of  soot  or  half  ounce  of 
indigo  to  the  pound  of  arsenic. 

(c)  Any  person  violating  the  above  proAUsions  shall  upon 
conviction  be  fined  not  exceeding  one  hundred  dollars,-  or 
imprisoned  not  exceeding  tAventy  days,  or  both. 

195.  Prize  Fight;  penalties  for. 

(1335  ) If  any  person  shall  engage  in,  aid,  insti- 

gate, encourage,  or  do  any  act  to  further  a contention  or  fight 
between  tAvo  or  more  persons,  or  a fight  commonly  called  a 
ring  or  prize-fight,  or  shall  send  or  publish  a challenge  or 
acceptance  of  a challenge  for  such  contention  or  fight,  or  carry 
or  deliver  such  challenge  or  train  or  assist  any  person  in 
training  or  preparing  for  such  a contention  or  fight,  he  shall 
on  conviction  be  fined  not  exceeding  one  hundred  dollars,  or 
be  imprisoned  not  more  than  one  month,  or  both. 

See  Sullivan  v.  State,  67  Miss.,  346. 

196.  Prostitution,  Keeping  House;  penalty. 

If  any  person  shall  keep  a house  of  ill-fame,  or  assignation 


185 


house,  or  permit  any  house  owned  by  him  her  or  them,  or  under 
his  or  their  control,  to  be  kept  for  the  purpose  ot  prostutition, 
he  or  she  shall  upon  conviction  be  fined  not  more  than  one 
hundred  dollars. 

197.  Prostitutes,  Street  Walkers;  penalty. 

If  any  woman  of  the  town,  or  prostitute,  shall  walk  the 
street  after  nine  o’clock  at  night,  or  at  any  time  shall  solicit 
any  person  on  any  street,  or  any  public  place,  to  accompany 
her  or  to  meet  her  at  any  place  for  purpose  of  prostitution, 
she  shall  on  conviction  be  fined  not  more  than  one  hundred 
dollars. 

198.  the  same;  removal  of. 

If  any  keeper  or  inmate  of  a house  of  ill-fame,  prostitute, 
or  any  lewd,  or  immoral  person,  or  any  person  who  according 
to  common  report  is  a keeper  or  inmate  of  a house  of  ill-fame, 
prostitute,  lewd,  or  immoral  person,  shall  fail  or  refuse  to 
remove  from  any  house  or  street  in  said  city  for  five  days 
after  having  been  notified  so  to  do,  in  writing  by  the  City 
Marshal,  then  the  house  occupied  by  such  person  or  persons 
shall  be  deemed  and  held  a nuisance,  and  upon  proof  thereof 
in  proper  proceedings  instituted  to  that  end  in  the  city  court 
of  said  city,  it  shall  be  adjudged  that  such  nuisance  be  abated, 
and  that  such  person  or  persons  be  ejected  and  removed  there- 
from by  the  City  Marshal. 

199.  the  same;  proceedings. 

Proceedings  to  abate  the  nuisance  herein  defined  shall  be 
begun  against  the  person  or  persons  maintaining  such  nuisance 
and  who  are  sought  to  be  removed,  and  specifying  the  house 
by  them  occupied;  and  upon  trial  thereof,  proof  of  the  char- 
acter of  the  house,  or  of  any  person  sought  to  be  removed,  may 
be  established  by  evidence  of  the  general  reputation,  or  com- 
mon fame  as  to  such  house,  and  such  person  or  persons. 

200.  Houses  of  Prostitution;  to  suppress. 

If  any  owner  or  lessee  or  agent  of  any  liouse  or  curtilage 
situated  within  the  imits  of  the  City  of  Vicksburg  shall  know- 
ingly permit  the  same  to  be  kept  or  occupied  as  a house  of  pros- 
titution, such  owner,  lessor  or  agent  who  shall  have  knowingly 
rented,  leased,  or  permitted  the  same  to  be  so  kept  or  occui)ied 
shall,  upon  conviction,  be  fined  not  more  than  one  hundred 
dollars  each,  for  each  and  every  such  ofi’ense. 

201.  Prowling  Around  Property  of  Others. 

It  shall  be  unlawful  to  be  found  prowling  about  the  prop- 


186 


erty  of  others  without  being  able  to  give  a good  account  of 
one’s  self.  Any  person  violating  this  section  shall,  upon  con- 
viction, be  fined  not  more  than  one  hundred  dollars,  or  be 
imprisoned  not  more  than  one  month,  or  both. 

202.  Railroads;  stealing  rides;  penalty. 

(1344  ) Any  person  who  shall  ride  upon  any 

engine,  tender,  car,  or  train,  of  any  railroad  company  without 
authority  or  permission  of  the  proper  officers  or  employees 
of  the  company,  or  of  the  persons  in  charge  of  such  engine, 
tender,  car,  or  train,  shall  on  conviction  be  fined  not 
more  than  twenty  dollars,  or  be  imprisoned  not  more  than  one 
month,  or  both. 

203.  the  same;  jumping  on  and  off  trains;  penalty. 

(1347  ) If  any  person  other  than  passengers,  or 

employes  engaged  in  operating  the  railroad,  snail  wilfully 
climb,  jump,  or  step  upon,  or  in  any  way  attach  himself  to,  or 
shall  jump  off  a locomotive,  tender  or  car  while  in  motion  on 
a railroad  track  or  siding,  he  shall  upon  conviction  be  fined 
not  more  than  twenty-five  dollars,  or  be  imprisoned  not  more 
than  one  month,  or  both. 

An  affidavit  under  this  section  averring  merely  that  a person  jumped 
off  a moving  railroad  train,  charges  no  offense,  and  the  arrest  and  im- 
prisonment of  a passenger  under  such  an  affidavit  subjects  the  party  to  an 
action  for  false  imprisonment.  A.  & V.  Ry.  Co.,  v.  Kuhn,  78  Miss.,  114. 

204.  Receiving  Stolen  G-oods;  misdemeanor;  penalty. 

(1259  ) If  any  person  shall  buy,  or  receive  in  any 

manner  or  on  any  consideration  personal  property  of  any 
value,  feloniously  taken  away  from  another,  knowing  the  same 
to  have  been  so  taken,  he  shall  be  guilty  of  receiving  stolen 
goods,  and  if  the  value  of  the  property  so  received  shall  be 
less  than  twenty-five  dollars  he  shall,  upon  conviction,  be 
punished  as  in  other  cases  of  petit  larceny. 

Under  an  indictment  for  receiving  stolen  goods,  proof  that  the 
defendant  himself  stole  them  will  not  convict.  Sartorious  v.  State,  24 
Miss.,  602.  Frank  v.  State,  67  Miss.,  125. 

By  knowing  them  to  be  stolen  it  is  not  meant  that  the  defendant 
should  have  witnessed  the  theft.  If  the  transaction  be  such  as  to  convince 
him,  or  as  should  do  so,  that  the  property  was  stolen,  and  he  receive  it, 
he  has  knowledge  to  make  him  guilty.  Ib. 

If  two  persons  be  jointly  indicted  and  tried  together  for  receiving 
stolen  property,  evidence  of  a separate  receiving  by  one  without  the 
knowledge  or  consent  of  the  other  is  not  admissible  over  the  objection  of 
that  other.  Wheeler  v.  State,  76  Miss.,  265. 

205.  Resisting  an  Officer;  penalty. 

(1297  ) If  any  person  shall  knowingly  and  wilfully 


187 


oppose  or  resist  any  officer  of  this  city  or  other  authorized 
person  in  serving  or  attempting  to  serve  any  legal  writ  or  pro- 
cess, or  in  the  lawful  discharge  of  any  duty,  he  shall  on  con- 
viction be  lined  not  exceeding  one  hundred  dollars,  or  be  im- 
prisoned not  exceeding  one  month,  or  both. 

206.  Sunday  Closing;  general. 

(1366  ) If  any  person  on  the  first  day  of  the  week 

commonly  called  Sunday,  shall  himself  labor  at  his  own  or  any 
other  trade,  calling  or  business,  or  shall  employ  his  servants  or 
apprentices  in  labor  or  other  business,  exce[)t  it  be  in  the 
ordinary  household  offices  of  daily  necessity,  or  other  work  of 
necessity  or  charity,  he  shall,  on  conviction,  be  fined  not  ex- 
ceeding twenty  dollars  for  each  such  offense,  deeming  every 
servant  or  apprentice  so  employed  as  constituting  a distinct 
offense. 

207.  the  same;  not  to  apply  in  certain  cases. 

If  any  merchant,  shop-keeper,  or  other  person  shall  keep 
open  store  or  dispose  of  any  wares  or  merchandise,  goods  or 
chattels,  on  the  Sabbath  day,  commonly  called  Sunday,  or 
sell  or  barter  the  same,  he  shall  on  conviction  be  fined  not 
exceeding  twenty  dollars  for  every  such  offense. 

But  nothing  in  this  or  the  foregoing  section  shall  apply 
to  labor  on  railroads  or  steamboats,  or  to  apothecaries  or  drug- 
gists who  may  open  their  stores  for  the  sale  of  medicines,  or 
to  the  owners  or  proprietors  of  confectionery  stores,  ice-cream 
and  soda-water  stands,  cigar  stands,  news  stands,  pool  and 
billiard  rooms,  dairies  and  milk  wagons,  hotels,  restaurants, 
lunch  counters,  ice  houses,  livery  stables,  hacks  and  hack 
drivers,  street  cars,  telephone  and  telegraph  offices  and  fruit 
stands  where  fruit  and  vegetables  exclusively  are  kept  for 
sale,  or  to  news  boys  and  boot-blacks.  Eetail  grocers,  markets 
or  stands  for  the  sale  of  fresh  meat  or  fish,  ynd  bakeries  shall 
be  exempt  from  the  provisions  of  this  and  the  foregoing  sec- 
tion up  to  the  hour  of  ten  o’clock  a.  m.,  on  ihe  Sabbath  day, 
commonly  called  Sunday,  but  not  thereafter. 

208.  Automobiles;  speed  regulated. 

It  shall  be  unlawful  for  any  person  or  person  to  run,  drive, 
or  propel  an  automobile  through,  along,  or  over,  any  of  tlie 
streets  or  public  thoroughfares  of  the  City  of  Vicksburg,  at  a 
greater  rate  of  speed  than  six  miles  an  hour. 

209.  the  same;  to  show  lights. 

It  shall  be  unlawful  for  any  person  or  persons  to  rim, 
drive,  or  propel  an  automobile  through,  along  or  over  any  ot  the 


188 


streets  or  public  thoroughfares  of  the  City  of  Vicksburg  after 
dark,  without  having  displayed  in  front  of  the  vehicle  an 
appropriate  and  sufficient  headlight  or  lights,  to  warn  persons 
of  their  presence  or  approach.  Any  person  or  persons  violat- 
ing this  or  the  prceding  section  shall,  upon  conviction,  be  fined 
not  more  than  twenty-five  dollars  for  each  offense. 

210.  Railroads  Not  to  Obstruct  Crossings. 

Every  railroad  company  operating  and  running  its  cars 
in  said  city,  upon  stopping  a train  for  any  purpose  at  a place 
where  the  railroad  is  crossed  by  a street,  shall  so  uncouple 
its  cars  as  not  to  obstruct  travel  thereon  for  a longer  period 
than  one  and  one-half  minutes.  The  purpose  of  this  ordinance 
being  to  limit  the  time  during  which  a street  may  be  so 
obstructed  by  a railroad  company  under  section  4049  of  the 
Mississippi  Code  of  1906.  But  nothing  in  this  ordinance 
shall  apply  to  the  obstruction  of  street  crossings  by  rail- 
road companies  by  through  freight  trains  engaged  in 
interstate  commerce  which  require  a longer  time  than  one  and 
one-half  minutes  to  make  a crossing  while  running  at  a rate 
of  speed  not  exceeding  six  miles  an  hour. 

211.  the  same  ; procedure  and  penalty. 

Any  railroad  company  or  any  ot  its  employees  violating 
any  of  the  provisions  of  this  ordinance  shall  be  liable  to  a 
fine  of  fifty  dollars  for  each  offense,  and  the  railroad  com- 
pany shall  be  proceeded  against  as  provided  by  section 
1439  of  the  Mississippi  Code  of  1906,  which  is  hereby  adopted 
and  made  a part  of  this  section,  except  that  the  charge 
against  such  railroad  company  shall  be  made  by  affidavit  before 
the  city  court,  instead  of  by  indictment  as  provided  in  sec- 
tion 1439. 

212.  Merchant  Not  to  Display  Goods  on  Sidewalk. 

It  shall  be  unlawful  for  any  merchant,  person,  individual, 
corporation  or  trader,  to  use  the  sidewalks  in  the  City  of  Vicks- 
burg, or  any  of  them,  or  any  part  thereof,  for  the  purpose 
of  displaying  his  goods,  wares,  or  merchandise  of  any  kind 
or  description.  And  any  person  convicted  of  a violation  of 
this  section  shall  be  fined  not  more  than  twenty-five  dollars. 

213.  Sidewalks;  abutting  owners  to  build. 

When  it  shall  appear  that  any  sidewalk  or  gutter  in 
the  City  of  Vicksburg  fronting  on  private  property  should 
be  built,  renewed  or  repaired  with  stone,  brick,  wood  or 
other  material,  the  owner  of  such  property  shall,  by  resolu- 


189 


tion  or  order  of  said  Mayor  and  Aldermen  be  required  to 
build,  renew  or  repair  such  sidewalk  or  gutter  fronting  such 
property,  at  his  own  expense;  but  before  any  person  shall 
be  required  to  build,  renew  or  repair  any  such  sidewalk  or 
gutter,  the  City  shall  first  establish  the  proper  grade  of 
such  work  by  its  engineer. 

214.  the  same;  how  built  and  paid  for. 

When  such  grade  has  been  established,  the  Mayor  and 
Aldermen  shall  cause  the  City  Clerk  to  issue  a written  no- 
tice, which  shall  be  served  upon  the  abutting  owner  by  the 
City  Marshal  or  Deputy  Marshal,  notifying  said  abutting 
owner  that  the  grade  for  the  proposed  sidewalk  or  gutter 
has  been  established,  and  requiring  such  owner  within 
twenty  days  after  such  notice  to  bring  said  sidewalk  to 
grade  by  cutting  or  filling,  as  may  be  necessary  for  such 
purpose,  at  his  own  expense,  and  to  build,  renew  or  repair 
said  sidewalk  and  gutter  on  the  grade  as  established,  the 
same  to  be  built  of  such  material  and  in  such  manner  as  the 
Mayor  and  Aldermen  in  such  notice  may  prescribe,  or  as 
provided  for  by  the  other  ordinances  of  the  City  on  that 
subject.  Such  notice  shall  be  served  upon  the  party  to 
whom  it  is  addressed,  in  one  of  the  following  modes : 

(1) .  Upon  such  party  personally,  if  to  be  found  in  the 
City,  by  handing  him  a true  copy  of  such  notice. 

(2) .  If  such  party  can  not  be  found  in  the  City,  then 
by  delivering  a true  copy  of  such  notice  to  the  occupant  of 
the  property  mentioned  (if  occupied),  or  to  the  agent  of  the 
owner,  if  he  have  one  in  said  City. 

(3) .  If  the  party  to  whom  the  notice  is  addressed,  or 
his  agent,  cannot  be  found  in  the  city,  and  the  property  is 
unoccupied,  a true  copy  of  said  notice  shall  be  posted  at 
some  conspicuous  place  upon  such  property. 

(4.)  If  the  owner  of  said  property  be  an  unmarried 
infant,  the  notice  shall  be  served  on  him  personally  and 
upon  his  father  or  mother  or  guadian,  if  he  have  any  in 
this  State;  but  if  he  be  married,  notice  may  be  served  as  on 
an  adult. 

If  such  abutting  owner  shall  not,  within  twenty 
days  after  the  service  of  said  notice  upon  him  as  provided 
for  herein,  bring  the  sidewalk  to  grade,  as  established,  and 
build,  renew  or  repair,  as  the  case  may  be,  said  sidewalk  and 
gutter  as  provided  for  hereby,  and  by  the  order  of  the  Mayor 
and  Aldermen,  then  such  sidewalk  shall  be  brought  to  grade 


190 


and  said  sidewalk  and  gutter  shall  be  built,  renewed  or  re- 
paired under  the  supervision  and  direction  ot  the  City  Mar- 
shal or  such  other  person  as  may  be  designated  by  the 
Board,  and  the  work  paid  for  out  of  the  the  city  treasury; 
and  the  cost  of  bringing  such  work  to  grade  and  building, 
renewing  or  repairing  said  sidewalk  and  gutter,  shall  be 
charged  to  the  abutting  owner,  and  shall  be  made  a lien 
upon  the  abutting  property.  And  the  said  Marshal  or  other 
person  having  such  work  done,  shall  report  in  writing  to  the 
Assessor  and  Collector  of  said  city,  the  cost  to  the  city  of 
such  work  in  front  of  such  lot  or  part  of  lot,  and  the  Asses- 
sor and  Collector  shall  assess  the  same  upon  such  property 
with  25  per  cent,  damages,  with  the  next  accruing  city  taxes 
to  be  collected  thereon,  and  shall  collect  the  same  with  said 
taxes  in  the  same  mode  as  provided  for  the  collection  of  taxes 
on  real  estate ; or  the  said  costs  and  damages  may  be  recov- 
ered of  the  property  owner  by  suit  in  any  court  of  compe- 
tent jurisdiction.  Said  costs  and  damages  shall  be  a lien 
upon  the  property  to  which  the  same  are  chargeable. 

But  the  owner  of  a lot  or  part  of  a lot  fronting  or  abut- 
ting on  a sidewalk  or  gutter  so  built,  renewed  or  repaired, 
may  pay  one-fifth  of  the  cost  of  building,  renewing 
or  repairing  such  sidewalk  or  gutter,  in  cash,  and  shall 
thereupon  be  entitled  to  an  extension  of  the  balance  payable 
in  equal  installments  in  one,  two,  three  and  four  years,  with 
interest  at  the  rate  of  8 per  cent,  per  annum,  provided  such 
owner  will  execute  his  promissory  notes  for  each  of  said  in- 
stallments payable  as  aforesaid  to  the  Mayor  and  Aldermen 
of  the  City  of  Vicksburg,  with  interest  as  aforesaid,  and  de- 
liver the  same  to  the  City  Treasurer  for  the  use  of  the  City 
of  Vicksburg.  Said  installment  notes  shall  be  assessed  by 
the  Assessor  and  Collector  against  the  property  of  the 
maker  fronting  or  abutting  upon  the  sidewalk  so  built,  re- 
newed or  repaired,  and  shall  constitute  a first  lien  thereon 
until  paid. 

In  default  of  the  payment  of  any  of  said  installment 
notes  at  maturity,  the  Assessor  and  Collector  of  Taxes  shall 
add  25  per  eent.  damages  thereto,  and  shall  collect  the  same 
with  the  next  taxes  accruing  on  such  lot  or  part  of  lot,  and 
with  the  same  remedies. 

Any  person  violating  this  or  the  preceding  Section  may 
upon  conviction  be  fined  not  more  than  one  hundred  dollars. 

215.  Platforms  Not  Built  Over  Gutters,  except. 

It  shall  be  unlawful  for  any  person  to  have,  build  or  main- 


191 


tain  any  bridge  or  platform,  other  than  for  ingress  and  egress 
of  vehicles  to  and  from  their  property,  over  and  above  any 
gutter,  drain,  or  open  sewer  in  front  of  their  proprety  in  the 
City  of  Vicksburg.  All  gutters  or  platforms  maintained  as 
aforesaid  are,  and  they  are  hereby  declared  nuisances.  xVny 
person  violating  this  section  shall,  upon  conviction,  be  lined 
not  exceeding  fifty  dollars,  or  be  imprisoned  not  exceding  one 
month  or  both. 

216.  the  same;  declared  nuisance;  how  abated. 

If  said  nuisance  defined  in  the  preceding  section  be  not 
abated  immediately  after  conviction  the  City  Marshal  shall  be 
authorized  to  abate  such  nuisance,  and  all  expense  thereof 
shall  be  charged  to  the  abutting  property  owners,  and  collected 
by  the  assessor  at  the  same  time  and  in  the  same  manner  as 
city  taxes  are  collected. 

217.  Washington  Street  Sewer  Not  to  Be  Tapped. 

It  shall  be  unlawful  for  any  person  to  tap  or  connect  any 
drain-pipe,  water-pipe,  or  waste-pipe,  or  sewer-pipe  with  the 
sewer  under  Washington  Street  in  the  City  of  Vicksburg,  or  to 
tap  or  connect  any  drain-pipe,  water-pipe,  waste-pipe,  or 
sewer-pipe,  with  any  pipe  or  sewer  connection,  with  the  said 
sewer  under  Washington  Street,  without  first  obtaining  the 
permission  of  the  Mayor  and  Aldermen  of  said  city.  If  any 
person  shall  violate  this  section  he  shall,  on  conviction,  be  fined 
not  more  than  one  hundred  dollars,  or  be  imprisoned  for  not 
more  than  thirty  days,  or  both. 

218.  Dead  Animals;  how  hauled  through  streets. 

It  shall  be  unlawful  for  any  person  or  persons  to  convey 
any  dead  animal  through  the  streets  of  the  city  without  hav- 
ing the  same  covered,  or  hid  from  view.  If  any  i:>erson  shall 
violate  this  section  he  shall  on  conviction  be  punished  by  a fine 
not  exceeding  ten  dollars. 

219.  Provisions  Regulating  the  Erection  and  Maintenance  of  Elec- 
trical Poles,  etc. 

Within  the  boundary  of  China  Street  on  the  north,  Cherry 
Street  on  the  east.  Depot  Street  on  the  south,  and  Levee  Street 
on  the  west,  all  poles  for  any  kind  or  class  of  electrical  wiring, 
must  be  of  cedar,  chestnut,  or  juniper,  of  sound  live  timber, 
straight  and  have  a smooth,  plain  surface. 

220.  the  same. 

All  poles  for  telegraphic  purposes  shall  not  be  less  than 
forty-five  feet  in  length,  not  less  than  six  inches  at  the  taper- 


192 


ing  end,  and  not  less  than  tAvelve  inches  in  diameter  at  a point 
immediately  above  the  curbing.  Those  for  electric  light  and 
power  purposes  shall  not  be  less  than  forty  feet  in  length,  not 
less  than  six  inches  at  the  tapering  end,  and  not  less  than 
twelve  inches  in  diameter  at  a point  immediatel}^  above  the 
curbing.  Those  for  electrical  street  railway  purposes  shall 
not  be  less  than  twenty-five  feet  in  length,  not  less  than  five 
inches  at  the  tapering  end,  and  not  less  than  eight  inches  in 
diameter  at  a point  immediately  above  the  curbing;  those  for 
telephone  purposes  shall  not  be  less  than  fifty  feet  in  length, 
not  less  than  six  inches  at  the  tapering  end,  and  not  less  than 
twelve  inches  in  diameter  at  a point  immediately  above  the 
curbing. 

221.  the  same. 

All  such  poles  shall  be  placed  on  the  inner  side  of  the 
curb  line  of  the  sidewalk,  and  shall  be  inserted  in  the  earth 
not  less  than  five  feet;  all  poles  except  those  of  the  Electric 
Street  Kaihvay,  shall  be  equipped  with  cross-arms  of  uniform 
length,  not  less  than  fourteen  inches  apart,  and  braced  with 
double  braces  so  as  to  keep  the  wiring  strung  thereon  at  an 
elevation  of  twenty-five  feet  from  the  sidewalk  or  street;  all 
poles  erected  shall  be  guyed  wherever  necessary  by  the  erection 
of  guy  stubs  of  the  same  character  of  timber  as  of  the  poles ; 
all  guy  stubs  shall  be  set  in  cement ; and  all  guy  wires  attached 
to  said  stubs  shall  be  fastened  in  all  cases  with  iron  bands  or 
metallic  straps  with  turn  buckles,  and  a clearance  of  such  guy 
wires  shall  be  maintained  at  an  elevation  of  twenty  feet  at 
every  crossing,  or  intersection  of  streets  and  public  ways. 

222.  the  same. 

In  all  parts  of  the  city  without  said  boundary,  all  poles 
shall  conform  to  the  requirements  and  be  erected  in  the  manner 
hereinbefore  provided,  but  in  no  case  shall  they  be  less  than 
thirty-five  feet  in  length,  not  less  than  six  inches  at  the  taper- 
ing end,  and  not  less  than  eight  inches  at  a point  immediately 
above  the  curbing,  and  all  wires  thereon  shall  be  strung  at  an 
elevation  of  not  less  than  twenty-five  feet  from  the  curbing; 
Electric  Street  Kailway  excepted  from  the  requirements 
of  this  section. 

223.  the  same. 

All  electric  street  railway  companies  shall  provide  and 
maintain  in  all  cases,  where  their  wires  or  trolleys  are  crossed 
by  electric  wires  of  other  electrical  companies,  suitable  guard- 
Avires,  to  prevent  falling  wires  from  coming  in  contact  with 
their  system  of  live  Avires,  or  trolley  wires. 


193 


224.  the  same. 

The  guy-wire  lines  and  stubs  of  all  electrical  street  railway 
companies  shall  be  protected  by  non-conductors,  and  said  com- 
panies shall  maintain  a high  standard  of  insulation  over  their 
entire  system  where  the  trolley  is  carried  by  suspension  sup- 
ports, and  they  shall  keep  their  rails  over  all  public  streets 
connected,  or  bonded. 

225.  the  same. 

The  distribution  of  the  wires  of  all  electrical  companies 
from  the  main  fleet  or  routes  of  wires  crossing  streets,  shall 
be  made  either  at  the  intersection  of  streets,  or  all  at  a point 
in  the  middle  of  the  square,  and  said  wires  shall  be  so  dis- 
tributed at  an  elevation  of  not  less  than  twenty-five  feet  in  the 
clear. 

226.  the  same. 

All  telephone  companies  shall  operate  independently  of 
one  another  as  regards  occupancy  of  the  streets,  sidewalks,  or 
public  ways  of  the  city,  and  in  no  event  shall  one  company 
occupy  the  same  side  of  the  street,  sidewalk,  or  public  way  of 
the  city  occupied  by  another,  except  for  distribution  from  a 
fleet  or  route  of  wires  as  mentioned  in  the  preceding  section, 
and  in  that  event  shall  be  limited  to  the  use  of  not  more  than 
four  poles ; and  no  company  shall  be  allowed  to  string  its  wires 
or  lines  within  four  feet  of  the  wires  or  lines  operated  by 
another  company, 

227.  ■ the  same. 

The  city  shall  have  free  of  all  charge,  a right  of  way  over, 
and  the  use  of  all  the  poles  of  all  electrical  companies  for  the 
purpose  of  erecting  and  maintaining  fire  alarm  and  police 
telephonic  system  thereon;  and  no  company  snail  string  its 
wires  within  four  feet  either  above  or  below  the  wires  used  in 
the  said  system. 

228.  the  same. 

All  electrical  companies  shall  paint  their  poles  in  a color 
to  be  selected  by  the  Street  Commissioner,  from  the  ground  to 
a point  ten  feet  from  the  curbing,  and  thence  white  to  the  top‘, 
each  company  shall  have  its  name  stenciled  on  its  poles,  and  it 
shall  be  unlawful  for  any  one  to  post  or  paste  bills  or  dodgers 
thereon. 

229.  the  same. 

The  location,  inspection  and  placing  of  all  poles  shall  be 
under  the  supervision  of  the  Street  Commissioner,  and  in  no 

13-City 


194 


case  shall  a pole  be  erected  without  a permit  from  him,  unless 
under  the  direction  of  the  Board  of  Mayor  and  Aldermen  of 
the  city. 

230.  the  same. 

All  electrical  companies  shall  immediately  repair  in  a 
workman-like  manner,  all  sidewalks,  curbings,  or  streets  that 
they  may  disturb  or  injure  in  erecting  or  repairing  their  poles, 
lines,  wires,  guy-wires,  or  guy-poles. 

231.  the  same. 

If  any  electrical  company  shall  violate  any  of  the  provis- 
ions of  the  laws  relating  to  the  erection  and  maintenance  of 
their  poles,  or  fail  to  conform  to  all  the  requirements  of  law 
within  ten  days  after  notice  given,  it  shall  upon  conviction 
be  fined  not  more  than  fifty  dollars  for  each  day  • after  the 
expiration  of  said  ten  days  notice,  that  it  continues  such 
violation. 

232.  the  samft. 

All  electrical  companies  erecting  poles  and  wires  in  the 
city  shall,  before  it  commences  such  erection,  give  bond  with 
two  or  more  sureties,  in  the  penalty  of  three  hundred  dollars, 
conditioned  that  in  the  event  of  the  abandonment  of  its  poles 
or  wires,  the  same  shall  be  moved  without  delay  and  without 
expense  to  the  city,  and  to  repair  all  damages  occasioned 
thereby. 

233.  Bicycle  to  Show  Lights. 

It  shall  be  unlawful  for  any  person  to  run  or  ride  a 
bicycle  through  or  over  any  of  the  streets  or  public  thorough- 
fares of  the  City  of  Vicksburg  after  nightfall,  without  having 
clearly  displayed  in  the  front  of  the  same  an  appropriate  head- 
light signal. 

234.  Bicycle;  not  ridden  on  sidewalks. 

It  shall  be  unlawful  for  any  person  to  run  or  ride  a 
bicycle  along  or  over  any  sidewalk  of  the  city.  Any  person 
violating  this  or  the  preceding  section  shall  on  eonviction  be 
fined  not  more  than  five  dollars. 

235.  Cherry  Street  Crossing;  gates. 

It  shall  be  lawful  for  the  Alabama  & Vicksburg  Kailway 
Company  to  erect  and  maintain  on  each  side  of  its  track  where 
the  same  crosses  Cherry  Street  in  Vicksburg,  Mississippi,  sub- 
stantial gates,  capable  of  being  readily  and  rapidly  closed  or 
opened,  or  raised  or  lowered,  across  Cherry  Street  and  side- 


195 


Avalks  on  both  sides  of  said  street  and  on  each  side  of  said 
tracks,  and  to  lower  or  close  the  same  from  time  to  time,  for 
not  more  than  one  and  one-half  minutes  at  any  one  time  when- 
ever it  shall  be  necesary,  convenient,  or  proper  for  the  passage 
of  its  trains  to  and  fro  across  said  street  at  said  crossing. 

236.  the  same;  gates  not  to  be  interfered  with;  penalty. 

It  shall  be  unlawful  for  any  j^erson  other  than  the  ser- 
vants of  said  raihvay  to  interfere  with,  or  attempt  to  remove, 
or  raise  or  lower  said  gates  when  in  use  as  aforesaid,  or  to 
attempt  to  cross  said  railway  track  at  Cherry  Street  crossing 
when  the  gates  are  lowered  or  closed,  or  in  the  act  of  being 
lowered  or  closed,  and  for  every  violation  of  this  section  the 
2)erson  so  offending  shall,  upon  conviction,  be  fined  not  more 
than  twenty-five  dollars. 

237.  Houses  to  be  Numbered. 

Every  owner  of  every  house  within  the  City  of  Vicksburg, 
and  every  occupant  thereof,  shall  place,  keej^  and  maintain 
upon  said  house,  the  number  thereof,  in  2:>lain  figures  not  less 
than  two  and  a half  inches  in  height.  Any  person  Avho  shall 
fail  to  number  any  building  owned  or  occuj^ied  by  him,  shalJ, 
upon  conviction  thereof,  be  fined  not  exceeding  five  dollars. 

238.  the  same;  penalty  for  defacing  numbers. 

If  any  joerson  shall  wantonly  or  maliciously  destroy, 
change  or  deface  the  number  placed  upon  any  building  in 
said  city,  he  may,  upon  conviction,  be  fined  not  more  than 
twenty  five  dollars. 

239.  Sign  Boards;  not  to  be  on  Washington  Street. 

No  person  shall  erect,  place  keep,  or  maintain  any  sign  or 
signboard  across  the  sideAvalk  above  or  projecting  above,  the 
pavement  on  Washington  Street  in  this  city,  Avliether  such 
signboard  be  pendant  and  swinging,  or  be  so  fastened  as  to  be 
stationary. 

See  Geardina  v.  Greenville,  70  Miss.  8%. 

240.  Obstructions;  not  to  be  kept  over  sidewalk. 

No  person  shall  hereafter  erect,  place  or  suspend,  or  keep, 
any  goods,  wares,  or  merchandise,  or  any  other  article  or  thing, 
or  obstruction  whatever,  above  or  over  the  sidewalk  on  said 
street,  except  a properly  constructed  awning  over  the  sidewalk 
in  front  of  his  building. 

241.  the  same;  no  obstruction  to  be  placed  across  Washington  Street. 
No  person  shall  erect  place,  keep,  or  maintain  any  sign 


196 


or  other  article  or  thing,  or  obstruction  of  any  kind  whatever, 
above  or  over  said  Washington  Street. 

242.  Obstructions  to  Be  Removed. 

All  signboards,  signs,  goods,  wares,  merchandise,  or  other 
article  or  thing,  or  obstruction  which  niay  have  heretofore  been 
erected  or  placed  across  or  over  said  streets,  shall  be  removed 
by  the  person  or  persons  who  erected  or  placed  the  same,  or  by 
the  owner  of  the  building  to  which  they  are  attached  or  in 
front  of,  within  ten  days  after  notice  by  the  City  Marshal. 
Any  person  violating  this,  or  any  of  the  three  foregoing 
sections,  shall  on  conviction  be  fined  not  more  than  ten  dollars ; 
and  the  article  or  thing  so  erected,  placed,  or  kept  in  violation 
of  any  section  of  this  ordinance,  shall  be  removed  as  a nuisance 
by  the  City  Marshal  in  accordance  with  law. 

243.  Gutters;  how  built  across  streets. 

It  shall  be  unlawful  for  any  person  to  build  or  cause  to 
be  built,  any  gutter  across  any  sidewalk  within  the  limits  of 
said  city  unless  constructed  as  follows : where  any  gutters  cross 
any  sidewalk  the  same  shall  be  built  under  and  beneath  the 
sidewalk  ,and  shall  be  built  of  terra  cotta,  or  brick.  Any  per- 
son violating  this  section  shall,  upon  conviction,  be  fined  not 
more  than  ten  dollars. 

244.  Steps,  etc.,  of  Houses;  not  to  obstruct  streets. 

No  house  or  other  structure  now  in  process  of  being  built, 
repaired,  or  remodelled  in  the  city,  shall  be  so  constructed  as 
to  have  any  steps,  or  appendage,  attachment,  or  projection, 
in  or  to  said  house  or  other  structure,  so  arranged,  built,  or 
constructed,  that  any  portion  of  said  steps,  appendages  or  at- 
tachments shall  rest  upon,  or  be  in  any  portion  of  said  sidewalk 
of  the  street  upon  the  line  of  which  said  house  or  structure 
shall  be  located,  or  be  so  arranged  as  to  bridge  over  said  side- 
walk at  a lesser  elevation  than  fifteen  feet  above  said  sidewalk, 
and  that  all  permits  for  the  construction  of  such  steps,  appen- 
dages or  attachments,  heretofore  granted  by  the  Mayor  and 
Aldermen,  are  hereby  recalled  and  repealed.  Any  person  vio- 
lating this  section  shall,  upon  conviction,  be  fined  not  exceeding- 
twenty  five  dollars,  and  the  projection  or  obstruction  be  re- 
moved as  a nuisance  by  the  City  Marshal,  in  accordance  with 
law. 

245.  the  same;  garbage,  slops,  trash;  how  placed  on  streets. 

No  owner  or  occupant  of  any  house,  or  servant 
thereof,  shall  throw,  deposit  or  place  lany  loose  trash, 
garbage,  paper,  straw  or  other  like  matter  or  thing  upon  any 


197 


of  the  streets,  lanes  or  alleys  of  the  city  unless  the  same  shall 
before  nine  o'clock  A.  M.,  be  deposited  near  the  sidewalk  in  a 
substantial  galyanized  iron  garbage  can,  with  tight-fitting  top 
from  which  it  may  be  easily  remoyed  by  the  city  carts.  When 
the  city  carts  shall  haye  remoyed  the  same  the  emptied  can 
shall  be  at  once  taken  off  the  streets.  Xo  primings  from  trees, 
shrubbery  or  brush  of  any  kind  shall  be  deposited  and  suf- 
fered to  remain  upon  any  of  the  streets,  lanes  or  alleys. 

Any  person  yiolating  this  section,*or  permitting  a seryant 
so  to  do,  shall,  upon  conyiction,  be  fined  not  more  than  ten  dol- 
lars for  each  offense. 

246.  the  same;  city  health  officer  may  have  the  work  done. 

If  any  sidewalk  or  gutter  in  the  city  shall  become  unclean, 
unhealthy,  filthy,  or  grown  up  with  weeds  or  grass,  the  City 
Health  Officer  may  notify  the  owner  or  occupant  of  said  prem- 
ises or  the  agent  thereof  to  immediately  clean  the  gutters,  cut 
the  grass  and  weeds,  and  put  the  surroundings  in  a sanitary 
condition.  Should  any  person  fail  or  refuse  to  obey  such  or- 
der for  three  days  the  City  Health  Officer  may  haye  said  work 
done  under  his  direction.  In  case  of  yacant  or  unoccupied 
property,  where  the  owner,  occupant  or  agent  cannot  be  easily 
found,  the  said  City  Health  Officer  shall  be  authorized  to  put 
the  same  in  sanitary  condition.  Any  owner,  occupant  or  agent 
yiolating  this  section,  or  refusing  to  obey  the  proper  order  of 
the  City  Health  Officer  with  regard  thereto,  shall  upon  conyic- 
tion be  fined  not  more  than  ten  dollars,  and  each  day  of  neglect 
or  refusal  after  the  expiration  of  the  said  tliree  days  notice, 
shall  constitute  a separate  offense.  And  the  City  Health  Offi- 
cer shall  report  in  writing  to  the  City  Assessor  and  Collector 
the  cost  to  the  city  of  all  necessary  work  incurred  hereunder; 
and  the  Assessor  and  Collector  shall  assess  the  same  upon  the 
property,  with  25%  damages,  with  the  next  accruing  city 
taxes,  which  shall  be  collected  as  taxes  on  real  estate  are  col- 
lected. 

247.  the  same;  streets  and  sidewalks  not  to  be  tampered  with. 

It  shall  be  unlaAvful  for  any  person  unnecessarily  to  dig 
into  or  tear  up,  or  in  any  manner  injure  the  surface  or  pave- 
ment of  any  unpaved  street  or  sidewalk  within  the  City  of 
Vicksburg  without  first  obtaining  a permit  from  the  Street 
Commissioner;  and  the  Street  Commissioner  shall  require  a 
bond  conditioned  for  the  proper  repair  and  restoration  of  any 
street  or  sidewalk  included  herein  before  he  shall  grant  a 
permit  to  cut,  dig  into  or  disturb  the  same.  Any  j^erson  or 
corporation  violating  this  section,  or  who  may  cut  or  dig  into 
any  of  the  said  streets  or  sidewalks  to  lay  water  mains  or 


198 


connections  for  same  to  consumers,  or  any  gas  main  or  gutter 
of  any  kind,  who  shall  fail  to  replace  the  dirt,  gravel  or  side- 
walks, by  thoroughly  tamping  the  dirt  or  gravel  in  the  streets, 
or  by  carefully  replacing  and  re-laying  the  sidewalks  and 
gutters  so  torn  up,  leaving  the  same  in  as  good  order  and  con- 
dition as  when  found,  shall  upon  conviction  be  required  to  re- 
store the  same  to  proper  condition,  or  shall  be  fined  not  more 
than  fifty  dollars,  or  both. 

248.  the  same;  cutting  inl;o  paved  streets;  permit  required. 

It  shall  be  unlawful  for  any  person,  persons  or  corpora- 
tion to  dig  into,  cut,  remove,  or  in  any  wise  disturb  the  sur- 
face of  any  street  now  or  hereafter  to  be  paved  with  brick, 
asphalt,  bitulithic,  or  any  like  substance,  for  any  purpose  what- 
soever, except  upon  written  permit  first  Had  and  obtained  from 
the  Board  of  Mayor  and  Aldermen,  except  in  case  of  emer- 
gency the  Mayor  may  give  such  permission.  And  in  every 
case  when,  upon  such  permission,  such  streets  shall  have  been 
cut  into  for  the  purpose  of  laying  water,  gas,  or  sewer  pipes, 
or  for  any  other  purpose  whatsoever,  it  shall  be  the  duty  of 
the  Street  Commissioner  to  see  that  the  persons  so  cutting 
the  street  shall  puddle  and  ram  the  back  filling  (so  as  to  pre- 
vent the  settling  of  the  street  at  the  place  cut)  and  shall  in 
every  respect  replace  and  restore  the  said  street,  gutter  or 
pavement,  to  the  condition  in  which  it  was  found.  This  shall 
be  done  under  the  direction  of  and  to  the  full  satisfaction  of 
the  Street  Commissioner.  And  the  Board  of  Mayor  and  Al- 
dermen shall  require  a bond  conditioned  for  the  proper  repair 
and  restoration  of  any  paved  street,  sidewalk  and  gutters, 
before  they  shall  grant  a permit  to  cut,  dig  into  or  disturb  the 
same.  If  any  person  or  persons,  or  corporation,  shall  violate 
this  section  by  cutting  into  any  such  street  without  a permit, 
or  having  such  permit,  shall  fail  to  restore  any  such  street  as 
contemplated  hereby,  he  or  they,  or  it  may  be  required  to 
restore  the  same,  or  upon  conviction  may  be  fined  not  more 
than  one  hundred  dollars,  or  both. 

A corporation  may  be  proceeded  against  as  directed  by 
section  158  hereof. 

249.  Marbles,  Tops  and  Other  Games  Not  Played  on  Streets. 

If  any  person  or  persons  shall  play  at  the  game  called 
marbles,  or  at  the  game  called  tops,  or  at  the  game  of  ball, 
on  any  street  or  highway  of  said  city,  he  or  they  shall,  upon 
conviction,  be  fined  not  more  than  five  dollars  for  each  offense. 

250.  Barbed  Wire;  not  placed  next  to  street. 

If  any  person  shall  plane,  or  allow  to  be  placed  any  wire 
known  as  barbed-wire  around  his  premises  for  the  purpose  of 


199 


fencing,  or  protection  of  the  same,  where  said  property  bor- 
ders on  or  touches  any  street  of  said  city,  he  shall  be  fined,  on 
conviction,  not  more  than  ten  dollars.  And  after  notification 
by  the  Marshal  to  remove  the  same,  each  day’s  continuance 
thereof  shall  be  deemed  a separate  offense. 

251.  Barbed  Wire;  not  placed  on  trees  in  streets. 

If  any  person  shall  place,  or  allow  to  be  placed,  any 
barbed-wire  around  any  tree  or  trees  which  shall  be  situated 
on  any  street  of  said  city,  he  shall  upon  conviction,  be  fined 
not  more  than  five  dollars.  And  for  each  day  that  the  same 
shall  be  allowed  to  remain  around  said  tree  after  due  notice 
from  the  City  Marshal,  shall  be  deemed  a separate  offense. 

251.  (a)  the  same;  how  gates  built. 

It  shall  not  be  lawful  for  any  person  hereafter  to  build 
construct  or  hang  a gate  in  any  fence  abutting  upon  any  pub- 
lic street  of  said  city,  which  gate  shall  swing  or  open  out- 
wardly upon  the  said  street,  except  by  written  permission  of 
the  Mayor  and  Aldermen  which  may  be  granted  in  extreme 
cases  where  great  inconvenience  or  expense  would  otherwise 
be  caused.  And  all  gates  opening  outwardly  as  noAv  existing 
in  said  city  shall  be  kept  safely  closed,  particularly  at  night, 
so  as  to  prevent  injury  to  persons  passing  by.  Any  person 
violating  this  section  may,  upon  conviction,  be  fined  not  more 
than  twenty  five  dollars. 

252.  the  same;  dead  animals;  how  removed. 

It  shall  be  unlawful  for  any  person  to  allow  any  dead  ani- 
mal to  remain  on  his  premises  for  more  than  six  hours  after 
death,  or  to  throw  the  same  upon  any  of  the  streets,  lanes, 
alleys  or  vacant  lots  within  the  city.  The  owner  or  person 
in  possession  of  said  animal,  or  the  owner  or  occupant  of  the 
premises  upon  which  said  animal  may  have  died,  shall  imme- 
diately after  death,  at  his  own  expense,  remove  the  same  be- 
yond the  limits  of  the  city.  Any  person  violating  this  sec- 
tion shall  upon  conviction  be  fined  not  more  than  twenty  five 
dollars. 

253.  the  same;  slippery  substances  not  thrown  on  sidewalks. 

It  shall  be  unlawful  for  any  person  to  put,  place,  leave 
or  throw,  on  any  sidewalk  in  the  city,  any  i)anana  peelings, 
orange  peelings,  or  other  slippery  sul)stances.  Any  person 
violating  this  section  shall  on  conviction  be  fined  not  exceeding 
five  dollars  for  each  offense. 

254.  the  same;  railroads  not  to  blockade  Mulberry  and  Pearl. 

If  any  railroad  company  shall  place  any  freight-car, 


200 


box-car,  or  car  of  any  kind  on  the  switch  at  the  west  side  of 
Mulberry  Street,  betw^een  Depot  Street  and  Williams  Street, 
or  on  Pearl  Street  between  Depot  and  Klein  Street,  it  shall  on 
conviction  thereof,  be  fined  five  dollars  for  the  first  offense, 
and  ten  dollars  for  the  second,  and  each  succeeding  offense; 
provided,  however,  that  nothing  in  this  section  shall  be  con- 
strued to  conflict  with  the  rights  of  any  railroad  company  to 
use  said  switches  for  the  purpose  of  loading  or  unloading 
cotton  or  other  freight;  provided  further  that  unless  cars  so 
placed  thereon  are  in  actual  use  and  service,  this  section  shall 
apply. 

255.  the  same;  railroads  to  place  light  at  crossings. 

Every  railroad  company  having  its  tracks  and  running 
its  trains  and  engines  through  the  streets  of  the  City  of  Vicks- 
burg, shall  cause  an  electric  light  of  two  thousand  candle 
power  to  be  placed  on  the  corner  of  every  street  which  is  inter- 
sected by  the  track  of  the  railroad  company.  And  every  light 
so  placed,  shall  be  lighted  on  the  same  schedule  as  that  pro- 
vided for  in  the  lighting  contract  of  the  city  existing  at  the 
time.  Any  railroad  company  violating,  refusing,  or  neglect- 
ing to  so  place  said  lights  as  aforesaid  or  to  keep  the  same 
lighted  shall,  upon  conviction,  be  fined  in  the  sum  of  fifty  dol- 
lars for  the  first  offense,  and  one  hundred  dollars  for  the 
second,  and  each  succeeding  offense. 

256.  the  same;  speed  of' trains,  cars,  etc.,  regulated. 

It  shall  be  unlawful  for  any  engine,  train  of  cars,  or 
other  vehicle  or  vehicles  propelled  by  steam,  to  run  within 
the  limits  of  the  City  of  Vicksburg  at  a rate  of  speed  exceeding 
six  miles  an  hour;  or  for  any  electric  street  railway  company 
or  any  employee  thereof  to  run  or  propel  any  car  along  the 
streets  of  said  city  at  a greater  rate  of  speed  than  twelve 
miles  per  hour.  The  bell  of  every  steam  engine  shall  be  rung 
before  crossing  any  street,  and  also  while  running  down  or  up 
any  street;  and  no  steam  whistle  of  any  engine  shall  be  used 
or  sounded  while  such  engine  is  in  motion,  except  to  clear  the 
track  of  an  existing  or  troublesome  obstruction.  For  each 
violation  of  this  section  the  engineer  or  other  person  in  charge 
of  such  engine  shall,  on  conviction,  be  fined  not  exceeding  twen- 
ty five  dollars,  and  the  company,  corporation  or  other  person 
or  persons  to  whom  said  engine  may  belong,  or  under  whose 
control  it  may  be,  shall  likewise  be  fined  in  a sum  not  exceeding 
twenty  five  dollars. 

257.  Streets;  to  protect  from  leaky  mains. 

It  shall  be  unlawful  for  any  corporation,  or  any  water 
company,  or  water  works  company,  or  any  superintendent  or 


201 


manager,  or  managing  director  of  any  water  company,  or  wa- 
ter works  company,  or  any  person  or  indiyidual  or  indiyiduals 
owning  or  operating  aii}^  water  works  S3^stem  in  the  City  of 
Vicksburg  to  any  person  haying  a water  works  plant,  or  sys- 
tem of  water  works  in  charge,  or  under  his  superyision,  man- 
agement or  control,  to  allow  or  permit  the  pipes  or  mains  or 
conduits  of  such  plant  or  system  to  be  out  of  repair,  or  to  be 
in  such  leaky  condition  as  to  permit  the  water  to  escape  there- 
from, and  to  flow  on  or  oyer  or  across  lany  of  the  streets,  roads, 
lanes,  or  alleys  of  the  City  of  Vicksburg,  or  any  of  them,  for 
as  long  as  two  days  in  succession  at  any  one  time.  And  any 
such  person  yiolating  this  section  shall  on  conyiction  be  fined 
not  more  than  one  hundred  dollars. 

258.  Sidewalks;  loafers  blockading. 

It  shall  be  unlawful  for  any  persons  to  loiter,  loaf  or 
gather,  or  assemble  upon  any  sidewalk  or  street  of  this  city 
in  such  numbers  or  in  such  manner  as  to  impede  the  free  use 
of  said  street  or  sidewalk,  or  to  interfere  with  persons  passing 
along  the  same.  Should  any  person  yiolate  this  section  he 
shall,  on  conyiction,  be  fined  not  more  than  ten  dollars. 

259.  Racing  or  Shooting  in  Streets. 

(1226  ) If  any  person  shall  be  guilty  of  facing  or 

shooting  in  any  street  or  public  highway  he  shall  on  conyic- 
tion thereof  be  fined  not  more  than  one  hundred  dollars. 

260.  the  same;  vehicles  and  animals;  leaving  unhitched. 

If  any  owner,  rider,  driver,  or  person  in  charge  of  any 
horse,  mule  or  team,  or  wheeled  vehicle  drawn  by  any  animal, 
shall  leave  the  same  standing  unhitched  upon  any  public  street, 
without  some  competent  person  in  control  to  prevent  accident, 
such  owner,  rider,  driver  or  person  in  charge  thereof,  shall 
upon  conviction,  be  fined  not  more  than  fift}’  dollars. 

261.  Streets;  animals  and  vehicles  not  permitted  on  sidewalks. 

If  any  person  shall  wilfull}"  or  needlessly  lead  or  ride  a 
horse  or  mule,  or  drive  a wagon  or  dray  or  other  vehicle  u])on 
a sidew'alk  except  across  such  part  thereof  as  is  ])rovided 
therefor,  he  shall  on  conviction,  be  fined  not  more  than  ten 
dollars. 

262.  Streets;  vehicles  standing  in. 

The  City  Marshal,  or  any  officer  of  the  police  force  may 
order  any  horse  or  vehicle  standing  in  the  street  to  be  removed 
as  may  seem  to  him  most  convenient  for  persons  passing  by. 
If  any  driver  or  person  in  charge  of  the  same  shall  fail  to 


202 


obey  such  order,  the  owner,  driver  or  person  in  charge  of  such 
vehicle  shall  upon  conviction  be  fined  not  more  than  twenty 
five  dollars  for  each  offense. 

263.  the  same;  fast  riding  or  driving. 

It  shall  be  unlawful  to  ride  or  drive  through  the  streets 
in  so  rapid,  reckless,  careless  or  negligent  a maner  as  to  en- 
danger the  lives,  vehicles  or  property  of  others.  Any  person 
violating  this  section  shall  upon  conviction  be  fined  not  more 
than  one  hundred  dollars. 

264.  the  same;  dangerous  sidewalks. 

It  shall  be  unlawful  to  leave  open  any  cellar,  vault,  door, 
stairway  or  grating  on  any  sidewalk,  or  to  suffer  any  side- 
walk in  front  of  one’s  premises  to  become  or  continue  so  broken, 
dangerous  or  out  of  repair  as  to  endanger  life  or  limb,  or  to 
permit  any  well,  cistern  or  other  excavation  to  remain  open 
or  uncovered  to  the  danger  of  others.  Any  person  violating 
this  section  shall  upon  conviction  be  fined  not  more  than  one 
hundred  dollars. 

265.  Dangerous  Obstructions  on  Sidewalks. 

It  shall  be  unlawful  to  permit  the  sidewalk  or  gutters  in 
front  of  one’s  place  of  business  or  house  to  remain  obstructed, 
or  in  a filthy  condition,  or  fail  to  clean  the  same  after  three 
hours  notice  from  any  police  or  other  city  officer,  or  to  permit 
any  coal  or  wood  to  remain  on  la  paved  sidewalk  for  more  than 
three  hours.  Any  person  violating  this  section  shall  upon 
conviction  be  fined  not  more  than  one  hundred  dollars. 

266.  Surveys  to  be  submitted. 

All  persons  making  or  causing  to  be  made,  surveys,  re- 
surveys, plats  and  sub-divisions  of  any  property  in  the  City 
of  Vicksburg,  shall  first  submit  the  map  of  the  surveys,  re- 
surveys,  plats  and  sub-divisions  to  the  Mayor  and  Aldermen 
of  said  city  for  their  approval  before  the  same  is  filed  for 
record  in  the  Chancery  Clerk’s  office  of  Warren  County,  Mis- 
sissippi. Any  person  violating  this  section  shall,  on  convic- 
tion, be  fined  not  exceeding  twenty  five  dollars,  or  imprisoned 
not  exceeding  twenty  days,  or  both. 

267.  Tramps;  who  are  held  to  be. 

( 1383  ) Any  male  person  over  sixteen  years  of  age, 

and  not  blind,  who  shall  go  about  from  place  to  place  begging 
and  asking  subsistence  by  charity,  and  all  who  stroll  over  the 
country  without  lawful  occasion,  and  can  give  no  account  of 


203 


their  conduct  consistent  with  good  citizenship,  shall  be  held 
to  be  tramps. 

268.  the  same;  how  arrested  and  dealt  with. 

1385  ) Any  person  may  arrest  a tramp  and  take 

him  before  the  city  court,  and  the  clerk  or  judge  thereof  shall 
at  once  take  the  affidavit  of  the  person  charging  the  offense, 
and  the  city  court  shall  forthwith  try  the  accused  for  being 
a tramp  and  deal  with  him  accordingly  if  found  guilty.  Every 
person  on  conviction  of  being  a tramp  shall  be  punished  by  a 
fine  of  not  more  than  fifty  dollars,  or  imprisoned  not  more 
than  one  month,  or  both. 

269.  the  same;  entering  dwelling;  carrying  weapons. 

(1386  ) Any  tramp  who  shall  enter  any  dwelling 

house,  or  yard  or  enclosure  about  a dwelling  house  without 
the  permission  of  the  owner  or  occupant  thereof,  and  shall  not 
immediately  depart  when  requested,  or  shall  be  found  carrying 
fire-arms  or  other  dangerous  weapons,  or  shall  do  or  threaten 
to  do  any  injury  to  any  person,  or  the  real  or  personal  property 
of  another,  shall,  upon  conviction,  be  imprisoned  one  month,  or 
fined  one  hundred  dollars,  or  both. 

270.  Trespass;  penalty  for  wilful  and  malicious; 

If  any  person  shall  wilfully  or  maliciously  trespass  upon 
the  property  of  another,  or  enter  thereon  for  any  unlawful 
purpose,  or  being  thereon  shall  be  guilty  of  any  disorderly  or 
offensive  conduct,  he  shall  on  conviction  be  fined  not  more 
than  fifty  dollars. 

271.  Unlawful  Cohabitation;  definition,  penalty. 

(1029  ) If  any  man  and  woman  shall  unlawfully 

cohabit,  whether  in  adultery  or  fornication,  they  shall  upon 
conviction,  be  fined  in  any  sum  not  more  than  one  hundred 
dollars  and  imprisoned  not  more  than  one  month;  and  it 
shall  not  be  necessary,  to  constitute  the  offense,  that  the  parties 
shall  dwell  together  publicly  as  husband  and  wife,  but  it 
may  be  proved  by  circumstances  which  show  habitual  sexual 
intercourse. 

Criminal  intercourse  once  shown  is  presumed  to  continue  if  the 
parties  be  living  under  the  same  roof,  although  those  who  durell  with 
them  are  not  prepared  to  depose  to  the  fact.  Carotti  v.  State,  42  Miss.,  334. 

It  is  not  necessary  to  constitute  the  crime  that  the  parties  should 
represent  themselves  as  married.  Ib.  Kinard  v.  State,  57  Miss.,  132. 

It  is  necessary  to  show  that  the  parties,  whether  d welling  together 
or  not,  habitually  indulgh  in  sexual  intercourse.  Cranberry  v.  State,  61 
Miss.,  440. 


204 


It  is  unnecessary  to  show  that  the  parties  dwell  together  or  publicly 
avow  the  relationship ; it  is  sufficient  to  show  habitual  concubinage,  or 
lying  together.  Granberry  v.  State,  supra. 

Evidence  tending  to  show  improper  familiarity  and  criminal  in- 
timacy subsequent  to  the  findiuir  of  tne  iiidicrtment,  is  admissible  to  illus- 
trate and  characterize  the  relations  and  conduct  of  the  parties,  shown  to 
have  existed  or  occurred  within  the  time  covered  by  the  indictment,  if 
such  act  be  not  too  remote  in  point  of  time.  Stewart  v.  State,  64  Miss., 
626.  ' ’ 

A white  man  and  a negro  woman  cannot  maintain  an  assignment  of 
error  in  the  supreme  court  based  on  the  fact  that  the  district  attorney 
appealed  to  the  jury  to  discountenance  miscegenation.  Ib. 

A teacher  who  during  a short  period  of  time  commits  a few  acts 
of  sexual  intercourse  witli  a pupil  openly  in  the  school-room  is  not 
guilty  of  cohabitation  with  her.  Brown  v.  State,  8 So.,  257. 

272.  Vagrants;  definition,  penalties;  procedure. 

(5055  ) The  following  persons  are  and  shall  be 

punished  as  vagrants: 

(a)  Persons  known  as  tramps,  wandering  or  strolling 
about  in  idleness,  who  are  able  to  work,  and  have  no  property 
to  support  them. 

(b)  Persons  leading  an  immoral  or  profligate  life,  who 
have  no  property  to  support  them,  and  who  are  able  to  work 
and  do  not  work. 

(c)  All  jiersons  able  to  work,  having  no  property  to  sup- 
port them,  and  who  have  n'o  visible  or  known  means  of  a fair, 
honest  or  reputable  livelihood.  The  term  “visible  and  known 
means  of  a fair,  honest  and  reputable  livelihood,”  as  used  in 
this  section,  shall  be  construed  to  mean  a reasonably  continu- 
ous employment  at  some  lawful  occupation  for  reasonable  com- 
pensation, or  a fixed  and  regular  income  from  property  or 
other  investment,  which  income  is  sufficient  for  the  support 
and  maintainnance  of  such  person. 

(d)  All  able-bodied  persons  who  habitually  loaf,  idle  and 
loiter  in  this  city,  about  the  steamboat  landings  or  railroad 
stations,  or  in  other  public  places,  for  the  larger  portion  of  the 
time,  without  any  visible  means  of  support.  An  offense,  under 
this  paragraph  shall  be  made  out  whenever  it  is  shown  that 
any  person  has  no  visible  means  of  support  and  only  occasion- 
ally has  employment  at  odd  jobs,  being  for  the  most  of  the 
time  out  of  employment. 

(e)  Persons  trading  or  bartering  stolen  propert}^,  or 
who  unlawfully  sell  or  barter  any  vinous,  alcoholic,  malt,  in- 
toxicating or  spirituous  liquors. 

(f)  Every  common  gambler  or  person  who  for  the  most 
part  maintains  himself  by  gambling. 


205 


(g)  Every  able-bodied  person  who  shall  go  begging  for 
a livelihood. 

(h)  Every  common  prostitute. 

(i)  Every  keeper  of  a house  of  prostitution,  every  inmate 
thereof,  and  every  person  employed  or  residing  therein. 

(j)  Every  keeper  of  a house  of  gambling  or  gaming. 

(k)  ^ Every  person  who  shall  abandon  his  wife  or  family 
without  just  cause,  leaving  her  or  them  without  support,  or  in 
danger  of  becoming  a public  charge. 

(l)  Every  able-bodied  person  who  lives  without  employ- 
ment or  labor,  and  who  has  no  visible  means  of  support. 

(m)  All  persons  wdio  are  able  to  work  and  do  not  Avork, 
but  hire  out  their  minor  children,  or  alloAv  them  to  be  hired 
out,  and  live  upon  their  wages. 

(n)  All  persons  over  sixteen  years  of  age  and  under 
twenty  one,  able  to  work  and  who  do  not  Avork,  and  have 
no  property  to  support  them,  and  have  not  some  knoAvn  visible 
means  of  a fair,  honest  and  reputable  livelihood,  and  Avhose 
parents  or  those  in  loco  parentis  are  unable  to  support  them, 
and  who  are  not  in  attendance  upon  some  educational  insti- 
tution. 

Any  person  convicted  as  a vagrant  shall  be  punished  by 
a fine  of  not  exceeding  fifty  dollars,  or  be  imprisoned  not  more 
than  one  month,  or  both. 

It  being  shown  that  defendants,  charged  with  being  common  pros- 
titutes, had  no  other  means  of  support,  did  not  work,  but  habitually 
arrayed  themselves  in  the  evening  and  sat  on  the  front  steps  or  strolled 
on  the  street  and  solicited  men,  who  went  into  the  house  with  them,  when 
the  doors  would  be  closed,  together  with  evidence  of  other  like  acts,  a 
con\dction  will  not  be  disturbed.  In  such  cases  direct  proof  of  guilt 
is  not  required;  it  may  be  inferred  from  circumstances.  Peabody  v. 
State,  72  Miss.,  104. 

273.  Waterworks,  Gas  Companies,  Electric  Light  Companies,  to  ren- 
der bill  before  charging  damages. 

It  shall  be  unlawful  for  any  water  Avorks  company,  electric 
light  company,  telephone  company,  or  gas  company  engaged 
in  business  in  the  City  of  Vicksburg  to  charge  or  claim  or 
collect  damages  or  other  penalty  for  failure  to  })ay  bills  Avlien 
due,  whether  it  be  refusal  to  alloAv  discounts  provided  for  by 
such  company  to  secure  prompt  payment,  or  be  a charge  for 
damages  in  addition  to  the  regular  bills  for  light,  Avater,  or 
gas,  until  ten  days  after  presenting  to  the  debtor  itemized 
bills  for  the  amount  due  and  affording  such  debtor  an  oppor- 
tunity at  the  time  of  such  presentation  of  paying  the  same. 


206 


And  any  water  works,  electric  light,  telephone  or  gas  com- 
pany engaged  in  business  in  said  city  which  shall  knowingly 
and  wilfully  violate  this  section  shall  on  conviction  be  lined 
ten  dollars  for  each  offense. 

274.  Weapons;  carrying  concealed;  penalty. 

(1103  ) If  any  person  shall  carry  concealed  in 

whole  or  in  part  any  bowie-knife,  dirk  knife,  butcher  knife, 
pistol,  brass  or  metallic  knucks,  slung-shot,  sword,  or  other 
deadly  weapon  of  like  kind  or  description,  he  shall  on  convic- 
tion be  fined  not  less  than  twenty  five  dollars  nor  more  than 
one  hundred  dollars,  or  be  imprisoned  not  more  than  one 
month,  or  both. 

An  unloaded  pistol  is  within  the  section.  State  v.  Bollis,  73  Miss., 
57. 

Whether  a weapon  is  deadly  is  a question  of  fact.  An  indictment  is 
not  demurrable  because  the  weapon  is  not  specifically  mentioned  in  this 
statute.  State  v.  Sims,  80  Miss.,  381. 

This  section  is  constitutional,  and  under  it  one  cannot  carry  a 
concealed  weapon  in  his  own  home.  Wilson  v.  State,  81  Miss.,  404. 

Where  the  evidence  on  the  trial  of  an  accused  for  carrying  a deadly 
weapon  concealed  showed  that  defendant  had  been  threatened  and  the 
threats  communicated  to  her,  it  is  error  to  ignore  the  threats  and  instruct 
the  jury  to  convict  upon  the  belief  that  she  carried  the  weapon  concealed. 
Murdin  v.  State,  82  Miss.,  507. 

275.  the  same  defenses. 

(1105  ) Any  person  charged  with  a violation  of  the 

last  section  may  show  as  a defense : 

(a)  That  he  was  threatened,  and  had  good  and  sufficient 
reason  to  apprehend  a serious  attack  from  an  enemy,  and  that 
he  did  so  apperehend;  or 

(b)  That  he  was  travelling  and  was  not  a tramp,  or  was 
setting  out  on  a journey  and  was  not  a tramp;  or 

(c)  That  he  was  a peace  officer  or  deputy  in  discharge  of 
his  duties;  or  ' 

(d)  That  he  was  at  the  time  in  the  discharge  of  his 
duties  as  a mail  carrier;  or 

(e)  That  he  was  at  the  time  engaged  in  transporting 
valuables  for  an  express  company  or  bank;  or 

(f)  That  he  was  in  lawful  pursuit  of  a felon. 

And  the  burden  of  proving  either  of  said  defenses  shall 
be  on  the  accused. 

The  ‘‘travelling  or  setting  out  upon  a journey”  in  the  statute 
means  a travel  of  such  distance  as  to  take  one  beyond  the  circle  of  his 
friends  and  acquaintances.  McGuirk  v.  State,  64  Miss.,  209. 


207 


The  pursuit  of  a fugitive  daughter  begun  without  knowing  where 
it  would  lead  to,  is  “travelling  upon  a journey. Haywood  v.  State, 
66  Miss.,  402. 

“Threatened  with  an  attack^’  does  not  contemplate  mere  denuncia- 
tion, but  menace  such  as  to  cause  a reasonable  apprehension  of  an  attack 
that  might  properly  be  resisted  mth  a deadly  weapon.  Tipler  v.  State, 
57  Miss.,  685. 

Even  if  the  accused  be  “threatened’’  and  entertain  the  “appre- 
hension”, it  will  be  no  defense  if  he  carried  tlie  w^^apon  for  some  other 
reason,  and  for  some  other  purpose.  McGuirk  v.  State,  supra. 

The  threats  must  not  be  too  remote.  Ib. 

The  statute  makes  the  fact  of  carrying  a weapon  concealed  criminal 
regardless  of  intent.  Strahan  v.  State,  68  Miss.,  347 ; See  Wilson  v.  State, 
81  Miss.,  404. 

This  section  authorizes  a deputy  United  States  marshal,  while  execut- 
ing criminal  process  in  this  state  and  also  in  his  distrct,  to  carry  a con 
cealed  weapon.  State  v.  Williams,  72  Miss.,  992. 

The  statue  requires  the  apprehension  of  bodily  harm  which  consti- 
tutes a defense,  to  be  the  apprehension  of  great  bodily  harm.  Strother  v. 
State,  74  Miss.,  447. 

The  revised  statutes  of  the  U.  S.,  Sec.  788  authorizes  a deputy  mar- 
shal executing  criminal  process  in  his  district,  to  carry  concealed  weapons. 
State  V.  Williams,  72  Miss.,  992. 

One  threatened  with  an  attack  may  lawfully  carry  a concealed  weapon, 
although  the  attack  be  not  threatened  to  be  made  at  a particular  time  or  on 
a particular  occasion.  Sudduth  v.  State,  70  Miss.,  250. 

A person  ceases  to  be  a traveller  within  the  meaning  of  this  section 
when  he  reaches  the  point  of  his  destination  and  engatjes  a room  at  a 
boarding  house  or  hotel,  intending  to  stay  an  indefinite  time  and  to  return 
home  only  after  the  business  for  which  he  made  the  journey  is  completed. 
Eosman  v.  Okolona,  85  Miss.,  583. 

276.  Weapon  Forfeited; 

(1104:  ) Upon  the  conviction  of  any  person  for 

carrying  weapons  concealed,  the  weapon  shown  in  such  case 
to  have  been  carried  concealed,  in  whole  or  in  part,  shall  be 
forfeited  to  the  state,  and  shall  be  forthwith  publicly  destroyed 
by  the  City  Marshal. 

277.  the  same ; not  toi  be  given  to  minors  or  intoxicated  persons. 

(1107  ) If  any  person  shall  sell,  give,  or  lend 

to  any  minor,  or  person  intoxicated,  knowing  him  to  be  a 
minor  or  in  a state  of  intoxication,  any  deadly  weapon,  or  other 
weapon  the  carrying  of  which  concealed  is  prohibited,  or  pistol 
cartridge,  he  shall  on  conviction  thereof  be  fined  not  less  than 
twenty-five  dollars  nor  more  than  one  hundred  dollars,  or  be 
imprisoned  not  more  than  one  month,  or  both. 

278.  the  same;  exhibiting  deadly. 

(1110  ) If  any  person  having  or  carrying  any  dirk, 

dirk  knife,  sword,  sword-cane,  or  any  deadly  weapon,  or  other 
weapon  the  carrying  of  which  concealed  is  prohibited,  shall  in 


208 


the  presence  of  three  or  more  persons,  exhibit  the  same  in  a 
rude,  angry  or  threatening  manner,  not  in  necessary  self-de- 
fense, or  shall  in  any  manner  unlawfully  use  the  same  in  any 
fight  or  quarrel,  the  person  so  offending  shall  upon  conviction 
thereof  be  fined  not  more  than  one  hundred  dollars,  or  be 
imprisoned  not  more  than  one  month^  or  both.  In  prosecutions 
under  this  section  it  shall  not  be  necessary  for  the  affidavit  to 
aver,  or  for  the  prosecutor  to  prove  on  the  trial,  that  any  gun, 
pistol  or  other  fire-arm  was  charged,  loaded,  or  in  a condition 
to  be  discharged. 

279.  the  same;  record  to  be  kept. 

(1106  ) Every  merchant  or  dealer  or  pawnbroker 

that  sells  bowie-knives,  dirk-knives,  pistols,  brass  or  metallic 
knuckles  or  slung-shots  or  pistol  or  rifle  cartridges,  shall  keep 
a record  of  all  sales  of  such  weapons  or  cartridges,  showing  the 
description  of  weapons  and  kind  and  calibre  of  cartridges  so 
sold,  the  name  of  the  purchaser,  and  the  description  of  weapons 
and  the  quantity  of  cartridges  and  date  of  sale.  This  record 
shall  be  open  to  public  inspection  at  any  time  to  persons  desir- 
ing to  see  it.  The  dealer  who  violates  this  section  shall  be  guil- 
ty of  a misdemeanor,  and  upon  conviction  shall  be  fined  not  less 
than  five  dollars  nor  more  than  twenty  five  dollars. 

280.  Weapons ; father  not  permit  minor  son  to  have. 

(1108  ) Any  father  who  shall  knowingly  permit 

any  son  under  the  age  of  sixteen  years  to  have  or  to  own,  or 
to  carry  concealed  in  whole  or  in  part,  any  weapon  the  carry- 
ing of  which  concealed  is  prohibited,  shall  be  guilty  of  a 
misdemeanor,  and  on  conviction  shall  be  fined  not  less  than 
twenty  five  dollars,  nor  more  than  one  hundred  dollars,  or  im- 
prisoned not  more  than  one  month,  or  both. 

281.  the  same;  negro  shooters,  or  sling  shots;  not  to  have. 

It  shall  be  unlawful  for  any  person  to  use  in  this  city  any 
sling-shot  or  negro-shooter,  or  other  like  contrivance  for  the 
purpose  of  projecting  any  stone,  gravel,  Bullet,  shot  or  other 
missile.  Any  person  violating  this  section  shall  upon  convic- 
tion be  fined  not  more  than  twenty-five  dollars. 

282.  Pending  prosecution. 

Be  it  further  ordained  that  any  ofiFense  committed  and 
penalty  incurred  previous  to  the  time  when  this  ordinance 
shall  take  effect,  and  any  affidavits  or  prosecutions  therefor 
pending  at  the  time  when  this  ordinance  shall  take  effect, 
shall  not  be  affected  by  its  adoption ; but  all  such  offenses, 


209 


penalties  and  prosecutions  shall  remain  subject  to  the  ordi- 
nances in  force  before  the  passage  of  this  ordinance. 

283.  Repealing  clause. 

Be  further  ordained  that,  subject  to  the  conditions  and 
exceptions  set  out  in  the  preceding  section  of  this  ordinance, 
all  ordinances  or  parts  of  ordinances  in  conflict  with  this  or- 
dinance be  and  they  are  hereby  repealed. 

284.  When  to  take  effect. 

Be  it  further  ordained  that  this  ordinance  shall  take 
efiect  and  be  in  force  from  and  after  its  passage 

Ordained  this  13th  day  of  May,  1907. 

II.  J.  TROWBRIDGE, 

City  Clerk. 

Approved  this  14th  day  of  May,  1907. 

P.  M.  IIARDIXG, 

Acting  Mayor. 


14-Clty 


211 


INDEX  TO 

Criminal  Ordinance. 


SKCTION. 

Abandonment  of  family;  vagrancy 272 

Abatement;  see  nuisances. 

Abusive  language 61 

Adulterated  food 3 

Advertisement;  pulling  down 1 

tacking  on  electric  poles 2 

indecent 171 

Agents;  labor 172 

Animals  ; butchers  register 42 

in  city  cemetery 57 

cruelty  to 6,  7,  11 

loose  mules  not  driven  on  Washington  street 19 

vicious  not  to  run  at  large 25 

glandered 8,  9 

dead,  hauled  through  streets 218 

malicious  mischief 10 

certain,  not  kept  in  public  view 12 

pound  provided  for 13  to  18 

dog  tax 20,  21 

dog  catcher 22 

dog  catcher  not  interfered  with 23 

dogs,  stray 24 

hogs,  not  kept  in  city 26 

not  slaughtered  in  city .* 152 

butchers  not  to  sell  flesh  of  certain 153 

dead,  removed 252 

unhitched  on  street 260 

on  sidewalks 261 

A ppearance  bonds 37 

Arrests,  provisions  respecting 27  to  36 

Arsenic,  to  be  mixed 194 

Assault  and  battery 4 

Assignation  house... 196,  198,  199,  200 

Automobiles,  speed  regulated 208 

to  show  lights *. 209 


212 


B 

SECTION. 


Balls,  public,  regulations 

Barbed  wire,  not  placed  on  street 

not  placed  on  trees 

Bear  fighting 

Beggars  ; see  tramps  ; vagrants. 

Betting;  see  gaming. 

Bicycles  to  show  lights 

not  ridden  on  sidewalks 

Billiards,  not  played  in  dram  shop 

Births,  reported 

Blockading  streets  by  railroads 

sidewalks  by  loafers 

Board  of  Health — beginning 

Bodies,  dead,  provisions  respecting 

Boilers,  in  fire  district 

Bonds,  to  cut  unpaved  streets 

to  cut  paved  streets 

appearance 

carrier’s 

Break  and  enter  to  arrest 

Bribing  an  officer 

Buildings,  unsafe 

Bull,  see  animals. 

Burglar’s  tools,  not  to  have 

Burial  permits 

Burning  trash  on  streets 

Butcher  to  keep  register 

not  to  slaughter  in  city , 

not  to  sell  certain  flesh 

Buzzard,  not  to  kill 

C 

Cabs,  see  hacks. 

Cannon  crackers,  prohibited 

Card  playing,  prohibited  in  dram  shops... 

Cart  license 

bond 

Cartridges,  register  of 

for  toy  pistols 

Cattle;  see  animals. 

Cemetery,  city;  provisions  respecting 

see  health,  dead  bodies,  contagious. 

Certificate  of  death  

Cess  pools;  provisions 

Chief  of  Fire  Department — police  powers, 
inspect  buildings 


,38  to  40 

250 

251 

6 


233 

234 

69 

135 

...210,  254 

258 

113 

137  to  144 

81 

247 

248 

37 

107 

31 

. 41 

...45  to  50 

44 

....137,  138 

165 

42 

152 

153 


95 

69 

106 

107 

279 

193 

54  to  57 

136 

145,  146  147 

96 

85,  87 


213 


SKCTION. 


Children  to  be  vaccinated 130,  160 

Children,  certain,  not  sent  to  school 161 

Cigarettes;  etc.,  not  sold  to  infants 51 

City  Physician  ; burial  permits 137 

placard  diseases 133 

duties  as  to  burial  permits 138 

general  duties 151 

See  Health. 

Clothing,  second  hand 159 

Clubs,  not  to  be  interested  in  gaming 105 

Cocaine,  how  sold  58 

physician’s  certificate 59 

Cock  fighting 6 

Collecting  crowds,  obstructing  sidewalks 64 

Combustibles,  storage  of 84 

on  streets 87 

Compulsory  vaccination ...  130 

Contagious  diseases;  see  health 

to  be  reported 132 

placarded.. 133 

dead  bodies 140 

dead  bodies:  how  removed 139 

dead  bodies  ; not  carriod  in  hack 144 

dead  bodies  ; two  years  141 

Corporations;  how  proceeded  against 158 

Cotton,  seed  ; not  bought  in  night  time 53 

register  52 

Cows ; see  animals. 

Cow  Catcher 14 

Crossings;  railroads  not  to  obstruct ; 210 

railroads  to  place  lights 255 

D 


Dance,  public 38,  40 

Dangerous  animals  ; see  animals. 

Dangerous  buildings 45 

sidewalks 264,  265 

Dead  bodies 137  to  144 

animals  not  hauled  through  streets 218 

animals  removed 252 

Deadly  weapon,  exhibition 278 

using  on  streets 97 

record  to  be  kept • 279 

Deaths  reported 136,  138 

Dentists;  examination  of 176 

Dice  throwing  in  dram  shop  ; prohibited *. 69 


214 


SECTION. 

Discharging  fire  arms 60 

fire  works 94 

Disorderly  conduct ; general 61 

at  public  ball 40 

in  dram  shop 69 

persons;  hack  not  to  carry 112 

house 62 

Disturbing  the  peace 61,  62,  63,  65 

religious  worship 66 

Dogs;  see  animals. 

fighting : 6 

tax  on  ; — licenses  etc 20,  21 

catcher 22 

catcher  not  be  interfered  with 23 

stray  ; may  be  killed 24 

stealing 175 

Dram  shop;  general  provisions 69  to  73 

Drays  ; license 106 

bond 107 

Druggists;  cocaine 58 

sale  of  alcohol 69 

see  poisons,  morphine,  opium. 

Drunkenness  and  profanity  in  public 67 

in  private 68 

in  dram  shop 69 

by  public  officer 187 

E 

Election  day  ; liquors  not  sold 69 

Electric  poles,  wires,  etc.;  provisions 219  to  232 

poles;  tacking  advertisements  on 2 

cars;  speed  regulated i 256 

Electric  Light  Company  to  render  bills 273 

Escapes ,32,  74,  75,  76 

Explosives  , disturbing  peace 63 

storage  of 86 

Exhibiting  games 100 

deadly  weapons 278 

F 

False  rumors  , originating 127 

circulating 128 

Family;  disturbing  peace  of 63 

Farcy  ; see  glanders. 

Fast  riding  or  driving 263 

Females  prohibited  in  dram  shops 69 


215 


SECTION. 

Fever;  see  health. 

to  be  reported 120,  121 

•Fighting,  cock  ; etc 6 

on  street 97 

prize 195 

Fire  alarm  offenses 88 

Firearms;  discharging GO 

pointing 98 

Fire  District;  defined 77 

buildings  in 78,  79,  80 

combustibles  in 84 

general  buildings , 85 

Fire  Department;  interfering  with 89,  90,  91 

cisterns 93 

police  power  to  chief 96 

false  alarm  92 

Fires;  for  prevention  of, 87 

Fire  works  ; discharging 94 

Food;  city  physician  to  inspect 156 

adulterated 3 

certain  meats  not  sold  as 154 

unsound 155 

Forfeiture  of  bonds 37 

weapon 276 

Freight;  quarantine 125,  126 

Fumigating,  etc ; 119,  123 

Futures;  dealing  in  forbidden  103,  10 

G 

Gaming;  provisons 99,  100,  101,  102 

duties  of  officers  35 

in  dram  shops 69 

clubs  not  to  be  interested  in 105 

Garbage;  can,  slops,  etc 245 

Gates,  Cherry  street  crossing 235,  236 

not  to  open  outwardly  on  street 251,  (a) 

Glandered  animals 8,  9 

Goat;  see  animals. 

Goods  not  to  be  displayed  on  sidewalks. 212 

Grass  and  weeds  to  be  cut 126 

Gunpowder;  storage  of 8S 

Gutters  ; abutters  owners  to  build 213,  214 

platforms  over, 215 

across  sidewalks 243 


216 


H 

SECTION. 

Hacks  and  public  vehicles;  license  and  bond 106,  107 

rate 108  - 

penalty  for  overcharge 109 

rate  card  posted  inside 110 

to  exhibit  lights Ill 

not  to  carry  disorderly  persons 112 

not  to  carry  certain  dead  bodies 144 

Health;  Board  of,  created 113 

meetings 114 

powers  and  duties 115 

resisting 116,  117 

notices 118 

nuisances  abated 119 

physicians  report  fever 120 

all  persons  report  fever 121 

medical  inspectors 122 

screening,  fumigating,  etc 123 

establish  quarantine 124 

violation  of  quarantine , 125,  126 

false  rumors 127,  128 

violators  to  leave  town 129 

compulsory  vaccination 130 

concealing  infectious  diseases 131 

physicians  report  contagious  diseases 132 

placard  contagious  diseases  133 

smallpox  patients 134 

births  reported 135 

deaths  reported 136 

burial  permits 137 

record  of  birth,  deaths,  interments 138 

removal  of  bodies 139 

infected  bodies 140 

certain  bodies  not  removed  within  two  years 141 

seasons  for  removal  of  bodies 142 

penalties 143 

certain  bodies  not  carried  in  hack 144 

privies  and  cess  pools 145,  146,  147 

manure  not  dumped  on  streets 148 

duties  of  health  officer 149 

nuisanses  abated 150 

duties  of  City  Physician 151 

animals  not  slaughtered  in  city 152 

butchers  not  to  sell  certain  flesh 153 

certain  meats  not  sold  for  food 154 

unsound  or  putrid  meats 155 


217 


Health — Continued. 


cit}’^  physician  to  inspect  foodstuffs... 

proceedings  against  corporations 

second-liand  clothing 

school  children  vaccinated 

certain  children  not  to  attend  school 

infected  house,  not  to  leave 

infected  goods,  not  to  be  removed 

Health  officer;  additional  powers 

Hides  ; butchers  register  

junk  house  register  

offensive  articles  ; nuisances 

Hogs  ; see  animals. 

not  kept  in  city 

Horses ; see  animals. 

Houses,  of  prostitution 

Houses,  to  be  numbered 

defacing  number 

Hunting  in  city  cemetery 

I 


Indian,  liquors  not  sold  to 

Indecent  exposure 

swimming 

Indecent  and  obscene  articles 

Indecent  and  obscene  advertisements 

Infant  not  to  lie  about  age 

Infectious  diseases,  animals 

concealing,  etc.  ; see  health. 

Infected  houses 

Infected  goods 

Inspectors,  medical 

Inspector;  fire  chief,  buildings 

Inspector  of  foodstuffs 

Intoxicating  liquors  ; see  dram  shops 

Intoxicated  person  not  to  be  given  weapon 

J 

Jack  ; see  animals  

Jumping  on  and  off  trains 

Junk  houses;  regulations 


Labor  agents,  offenses 

Landing,  public,  obstructing, 

Language,  abusive,  etc 

Larceny,  petit 

petit,  dog  stealing 


L 


SECTION, 

..150-157 

158 

159 

100 

101 

102 

103 

240 

42 

109 

170 

20 

190 

237 


57 


69 

,05,  106,  167 

166 

168 

171 

73 

9 

162 

163 

122 

85,  87 

156,  157 

09 

277 


...  12 
...  203 

109-170 


,.  172 

..  173 
.61,  67 
..  174 

..  175 


218 


SECTION. 

Leaky  mains,  to  protect  from 257 

License,  dogs 20,  21 

dram  shop 69 

dram  shop,  how  avoided 71 

dram  shop,  not  issued  for  certain  houses 71 

doing  business  without 164 

examination  for  professional 176 

Lights,  hacks  to  show Ill 

bicycles  to  show 233 

railroads  to  place  at  crossings 255 

Liquors,  see  dram  shops 69 

Loitering,  see 89,  258 

Lotteries,  prohibited;  tickets 177 

M 

Mains,  leaky 257 

Malicious  mischief;  animal 10 

trees,  etc 179 

public  property 180 

general  181 

Marbles,  not  played  on  streets 249 

Meats,  unsound  and  putrid 155 

see  butcher  ; health. 

Medical  inspectors 122 

Merchant  not  to  display  goods  on  sidewalk 212 

Minors  ; junk  dealers  not  to  buy  from 169 

tobacco,  etc.,  not  sold  to 51 

not  permitted  in  dram  shops 69 

not  to  lie  about  age 73 

not  to  have  deadly  weapon 277 

father  not  to  give  weapon 280 

to  be  vaccinated 130 

Moneys  exhibited  for  gamery  forfeited 102 

Morphine,  sale  of 182,  194 

Mosquitoes  ; see  health 123 

Mules  ; see  animals. 

not  driven  on  Washington  Street 19 

Mulberry  Street,  railroad  not  to  blockade 254 

N 

Negro  shooters  prohibited 281 

Nighttime;  seed  cotton  not  sold 53 

Notices;  see  pound,  16;  unsafe  building,  47 ; prostitute,  198;  side- 
walks, 213  and  214;  see  also  health. 

Nude  ; see  indecent  exposure. 


219 


SECTION. 

Nuisance  ; unsafe  building,  45-50;  health,  118,  119,  149,  150;  privies, 

146,  147  ; hides,  etc.,  170;  opium  den,  185;  liouse  of  prostitu- 
tion, 198,  199 ; platforms  over  gutters,  216 ; general,  how 
abated,  150. 

Numbered,  houses  to  be 237 

Numbers,  penalty  for  defacing 238 

O 

Obscene  articles 168,  188 

Obstructions;  see  streets;  sidewalks. 

Obstructing  Fire  Department 91 

Officer;  see  arrest. 

bribing 41 

resisting 205 

personating 192 

drunkenness  by 187 

Oils,  storage  of  combustibles 84 

Oiling,  screening,  fumigating;  see  health. 

Oleomargerine,  imitations,  etc 3 

Opium,  smoking 183 

visiting  den 184 

nuisance  abated 185 

not  to  be  sold  186 

P 

Paved  streets,  not  to  be  cut.... 248 

Pawnbrokers,  regulated 189-191 

Pearl  Street,  railroad  not  to  obstruct 254 

Pending  prosecutions  ; saving  clause 282 

Permits;  see  public  balls  ; fire  district;  health. 

Permitting  gaming 101 

Personating  officer 192 

Pharmacist,  examined 176 

Physician,  duties  of  city 133,  135,  136,  138,  151 

see  health. 

cocaine,  certificate 58,  59 

examined 176 

Picking  locks,  pockets,  devices  for 44 

Pistol,  see  weapons. 

toy,  prohibited 193 

Placarding  contagious  diseases 133 

Poisons,  how  sold 194 

Policemen,  see  arrests  ; officers  . 

duty  of  in  gaming  cases  35 

not  liable  in  making  arrests 34 

Pool  playing,  prohibited  in  dram  shop 69 

Poultry,  see  animals. 


220 


SEC'I’ION. 

Pound,  provided  for  14-18 

Prisoners,  to  be  attended  by  city  piiysician  151 

Privies;  see  healtli 145-146-147 

Prize  figiits  prohibited 195 

Procuring  liquor  for  minor,  Indian,  etc 69 

Profanity  in  public 68 

Prostitution,  keeping  house  of 196 

house;  suppression;  owner 200 

nuisance  abated .199 

Prostitutes,  street  walkers 197 

removal  of 198 

Prowling 201 

Public  landing 173 

property;  malicious  mischief 180 

Pulling  down  advertisements 1 

Pursuit;  see  arrest;  escapes. 

Q 

Quarantine  established  (see  health) 124 

Violations  of 125,  126 

Violators  to  leave  town 129 

R 

Railroads;  stealing  ride 202 

jumping  on  and  off  trains 203 

not  to  obsruct  crossings 210 

procedure 211 

not  to  block  certain  streets 254 

lights  at  crossings 255 

speed  regulated 256 

quarantine  violations  by 126 

Receiving  stolen  goods 204 

Register;  butcher,  42;  pawnbroker,  189 ; junk  dealer 169 

seed  cotton,  52  : cocaine,  58;  weapons 279 

poison,  194;  city  physician 138 

Religious  worship,  disturbing 66 

Removal  of  dead  bodies 139  to  144 

unsafe  buildings 48 

prostitutes 198 

obstruction  Washington  Street 242 

Repealing  clause 283 

Reports;  births,  135  , deaths,  136;  pawnbroker 190 

fevers  and  diseases 120,  121 

Resisting  Board  of  Health 116,  117 

officer 205 

Riding  and  driving,  last 263 

Rumors,  false  ; originating,  127  ; circulating 128 


s 

SECTION. 

Sale,  unclaimed  aninals  ; see  pound. 

Saving  clause  ; pending  prosecutions 282 

Schools;  children  vaccinated 160 

certain  children  not  to  attend 161 

Screens,  not  permitted  in  dram  shops 69 

Screening,  oiling,  fumigating 123 

Second  hand  clothing 159 

Sewer,  Washingon  Street,  not  to  be  tapped  217 

Sheep;  see  animals  ; pound. 

Sidewalks,  displaying  goods 212 

collecting  crowds 64 

Washington  Street 239,  241 

obstructions  over 240 

loafers  on 258 

dangerous 264,  265 

gutters  across 243 

steps,  houses,  etc 244 

games  on 249 

barbed  wire 250 

to  be  built  or  repaired 213 

how  cut  and  replaced 246 

to  be  kept  clean 247 

bicycles  not  ridden  on 234 

animals  and  vehicles  on  261 

platform,  not  built  over  gutters 215 

nuisance  abated  216 

slippery  substances  on 253 

Siezure  of  gaming  appliances 102 

Signboards  on  Washington  Street..... 239 

Slaughtered,  animals  not  to  be  in  city 152 

Smallpox,  concealing  (see  health) 131 

patient  not  to  go  abroad 134 

Smoking  opium  prohibited 184 

Snuff,  not  sold  to  infants 51 

Speed,  of  automobiles,  208 ; trains,  electric  cars 256 

Stable  cleanings,  not  dumped  on  streets 148 

Stallions;  see  animals 12 

Stealing,  ride  on  railroads 202 

dog,  petit  larceny 175 

Steamboats,  quarantine  violations  by 126 

Stolen  goods,  receiving 204 

Street  walkers 197 

Streets  (see  also  sidewalks;  health). 

animals  on 12-18 

barbed  wire  not  placed  next  to 250 

barbed  wire  not  placed  on  trees 251 


222 


SECTION. 

Streets,  loose  mules  on  Washington 19 

fighting  on 97 

stable  cleanings 148 

health  officers  to  inspect 149 

railroads  not  to  obstruct  crossings 210 

burning  trash  on 165 

dead  animals  hauled  on 218 

Cherry  Street  crossing 235,  236 

Signboards  on  Washington 239 

obstructions  across  Washington 241 

removed 242 

garbage,  slops,  can 245 

health  officer  may  have  cleared 246 

unpaved,  how  cut 247 

paved,  how  cut 248 

games  not  played  on 244 

gates  built  on 251(a) 

dead  animals,  removed 252 

slippery  substances  on 253 

railroads  not  to  blockade 254 

railroads,  to  place  lights 255 

leaky  mains 257 

loafers  blockading 258 

racing  and  shooting 259 

animals  unhitched 260 

vehicles  standing  on 262 

fast  riding  and  driving 263 

obstructing  fire  department  on  91 

crowds  obstructing 64 

Sunday,  closing;  general 206 

exceptions 207 

liquors  not  sold  on 69 

Surveys  submitted... 266 

Swimming;  exposure 166 

Swindling  devices 44 

Swine;  see  animals;  pound. 

not  kept  in  city 26 

T 

Telegraph  and  telephone,  poles  and  wires 219-232 

tacking  signs  on 2 

Telephone  companies  to  render  bills 273 

Tobacco,  not  sold  to  infants 51 

Tools,  burglars’ 44 

Tops,  not  played  on  streets 249 

Tramps 267,  268,  269 


223 


SKCTION. 

Trash,  burning  on  streets 165 

see  garbage. 

Trees,  malicious  mischief 179 

Trespass,  wilful  and  malicious 270 

U 

Unclaimed  animals  ; see  pound 13-18 

dogs  22 

Unlawful  cohabitation 271 

Unpaved  streets,  how  cut... 247 

Unsafe  buildings 45 

V 

Vaccination,  compulsory...  130 

city  physician’s  duty 151 

school  children 160 

Vagrants  272 

Vehicles,  public  ; license,  bond,  rates 106  to  112 

unhitched  on  streets 260 

on  sidewalks 261 

move  on 262 

Vicious  animals...., 25 

Visitors  city  cemetery 54 

W 

Wagon;  license,  bond 106,  107 

Warrant;  see  arrests. 

Washington  Street;  see  streets ; sidewalks;  sewer;  signboards. 

Water  closets;  see  health;  privies;  nuisances. 

Water  w'orks  company  to  render  bills 273 

leaky  mains 257 

Weapons;  tramps  carrying 269 

concealed 274 

concealed  ; defense 275 

forfeited 276 

not  given  to  minors,  etc 277 

exhibiting  deadly 278 

father  not  permit  minor  son  to  have 280 

negro  shooters  prohibited 281 

register  of 279 

using  on  streets 97 

Wires,  electric;  regulated 219-232 

Worship,  disturbing  public 66 

Y 

Yellow  fever  ; (see  health.) 

concealing 131 


fi 


